IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 21645 of 2008(B) -------------------------- PETITIONER(S): --------------- DRISYA DAS.V, AGED 18, D/O. DASAN.V, VANDUTHODI, CHATHALLOOR.P.O, PALAKKAD. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-1. 3. THE VILLAGE OFFICER, THACHANATTUKARA (CHETHALLUR), PALAKKAD. ADDL.R4 4. THE TAHSILDAR, MANNARKAD (Impleaded in I.A.11249/2008 as per order dated 30.9.2008) GOVERNMENT PLEADER FOR R2 SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21645/2008 -------------------- Dated this the 30th day of September, 2008 JUDGMENT Petitioner claims that she belongs to Thandan community and is a resident of Palakkad District. She participated in the Common Entrance Examination to the MBBS and Engineering Courses and she was ranked as well. Petitioner is aggrieved that she has not been given the benefit of a member of the Scheduled Caste community. She refers to the recent Constitution (Scheduled Castes) Order (Amendment) Act, 2007, wherein entry 61 relating to the State of Kerala has been amended. According to the petitioner, Thandan community in Palakkad District is therefore now eligible to be treated as the Scheduled Caste, going by the Presidential order even without there being any separate declaration in that behalf by any authority under Act 11 of 1996 or by the Court as such. 2. In so far as the petitioner’s claim for directing her W.P.(C).21645/2008 2 to be treated as a member of the Scheduled Caste for the purpose of admission to the MBBS course, I am afraid that the petitioner herself did not make any claim in that regard as is evidenced by Ext.R1(a). In the said application submitted by the petitioner, in fact she claimed that she belongs to the Ezhava caste which is not a Scheduled Caste. Respondents cannot therefore be faulted with for not having treated the petitioner as a member of the Scheduled Caste. 3. Learned counsel for the petitioner submitted that nevertheless there is a claim made by the petitioner for a caste certificate and she has submitted an application in that behalf. 4. In the facts and circumstances of the case, writ petition is disposed of directing the Thahsildar to conduct an enquiry into the said application, in the light of Ext.P2 School Leaving Certificate relating to the petitioner and the Presidential order as is currently W.P.(C).21645/2008 3 obtained and issue an appropriate certificate within a period of two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs