IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 15439 of 2010(D) -------------------------- PETITIONER(S): --------------- LINU MOL ANU PETER, D/O .P.G.PATHROSE IIIRD YEAR ENGINEERING STUDENT, ELECTRONICS& COMMUNICATIONS, MANGALAM COLLEGE OF ENGINEERING 'ETTUMANOOR, KOTTAYAM DISTRICT, RESIDING AT PERUVANCHAKUZHIYIL HOUSE, DEVALOKAM, PO, KOTTAYAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.PRATHAP PILLAI SRI.S.J.SHAJ MOHAN SRI.BENOJ C AUGUSTIN SRI.RAFEEK V.K RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SCHEDULED CASTE/SCHEDULE TRIBE DEVELOPMENT DEPARTMENT,GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR SCHEDULED CASTE/SCHEDULE TRIBE DEVELOPMENT DEPARTMENT,GOVERNMENT OF KERALA NANDAVANAM, PALAYAM, TRIVANDRUM. 4. THE DISTRICT DEVELOPMENT OFFICER FOR SCHEDULED CASTE, KOTTAYAM. 5. THE ASSISTANT DISTRICT DEVELOPMENT OFFICER, SCHEDULED CASTE DEVELOPMENT OFFICE KOTTAYAM. 6. THE PRINCIPAL MANGALAM COLLGE OF ENGINEERING ETTUMANOOR, KOTTAYAM DISTRICT. SPECIAL GOVT. PLEADER SHRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 15439 of 2010 ================== Dated this the 20th day of May, 2010 J U D G M E N T The petitioner claims to be a student studying for engineering in the 6th respondent's college, which is a self financing college. The petitioner belongs to the Christian Cheramar community, which according to the petitioner, comes within the Other Eligible Communities in the State of Kerala entitled to reservation benefits. The petitioner would submit that such students are also eligible for educational concessions also by virtue of Ext.P6 order. The petitioner, therefore, seeks the following reliefs: “i) issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 to 5 to disburse the educational benefits to the petitioner including eligible fees like tuition fee, special fee, examination fee, hostel fee, etc., for the Engineering Course being undergone by the petitioner under the 6th respondent for the academic years 2007-2008, 2008-2009 and 2009-2010 and the lump sum grants for these years within a time frame to be fixed by this Honourable Court. ii) issue a writ of mandamus or any other appropriate writ, direction or order, directing the 6th respondent to refund the tuition fee, special fee, examination fee, hostel fee etc., paid by the petitioner within a time frame to be fixed by this Honourable Court. iii) issue a writ of mandamus or any other appropriate writ, direction or order, directing the 6th respondent not to collect the tuition fee, special fee, examination fee, hostel fee etc., from the petitioner for the academic years 2010-2010 for the 4th year of the Engineering Course being undergone by the petitioner. iv) issue a writ of mandamus or any other appropriate writ, direction or order, directing the 6th respondent to make claim of the hostel fees of the petitioner with the respondents 1 to 5 for the academic years 2007 to 2010 for the Engineering Course being undergone by the petitioner.” 2. The learned Government Pleader, on instructions, submits w.p.c.15439/10 2 that subsequent to Ext.P6 a comprehensive order in respect of reservation and educational benefits has been issued by the Government as G.O(Rt) No.50/2009/ST-ST.Gen. dated 2.7.2009, in which, it has been categorically stated that only those students who have obtained admission in the merit seats would be eligible for educational concessions. He has produced a copy the said order for my perusal. 3. I have considered the rival contentions in detail. 4. Even going by Ext.P6 order relied upon by the petitioner himself, it is clear that such educational concessions are available only to those students who have got admission in the merit seats. The petitioner has admitted in the writ petition that he obtained admission in the management quota. That being so, even as per Ext.P6 order, the petitioner is not eligible for educational concessions. Further, as rightly pointed out by the learned Government Pleader, in the Government order relied upon by the petitioner only those students who have obtained admission in the merit seat would be eligible for educational concessions. Therefore, the petitioner has not made out a case for the reliefs prayed for in the writ petition. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.15439/10 3