IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 22017 of 2008(U) -------------------------- PETITIONER: -------------- DON V.THOMAS, MINOR, AGED 17, S/O.THOMAS JOHN, VAZAHYIL, UDUMPANOOR P.O., REPRESENTED BY FATHER AND NATURAL GUARDIAN, THOMAS JOHN. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENTS: ----------------- 1. GOVERNMENT OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DEPARTMENT OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. SENIOR JOINT DIRECTOR (POLYTECHNIC STREAM) DEPARTMENT OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 4. VILLAGE OFFICER, UDUMBANOOR. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.22017 of 2008 ================== Dated this the 5th day of August, 2008. J U D G M E N T The petitioner is an applicant for admission to the Government Polytechnic in Idukki District this year. As a native of Idukki District, the petitioner is entitled to weightage as per Clause 7.3 of Ext.P1 prospectus for which a Nativity Certificate had to be produced by the petitioner along with the application submitted by him from the concerned Village Officer. The petitioner applied for Nativity Certificate and obtained Ext.P3 certificate. Unfortunately for the petitioner, the form prescribed in the Nativity/Residence certificate, the concerned Village Officer scored off the portions relating to the nativity and issued the certificate as a Residence Certificate. In view of the mistake therein, the petitioner obtained Ext.P4 certificate from the very same Village Officer to the effect that the petitioner is in fact a native of Idukki. However, in view of the discrepancy in Ext.P3 certificate, the petitioner was not given the weightage marks as provided for in the prospectus. Later on, the petitioner produced Ext.P6 Nativity Certificate. The petitioner's contention is that he W.P(C)No.22017 of 2008 - 2 - should not be penalised for the mistake committed by the Village Officer. He therefore seeks the following reliefs: (i) A writ of mandamus or other appropriate writ or order directing Respondents 1 to 3 to grant admission to the petitioner to any of the vacancies arising in any of the trades to which the petitioner has applied at Govt. Polytechnic, Purapuzha or Govt. Polytechnic Muttom, treating his Rank as 502. (ii) To declare that the petitioner is entitled to be treated as Rank No.502 for being considered for admission for any of the vacancies arising in any of the trades to which the petitioner has applied at Govt. Polytechnic Purapuzha or Govt. Polytechnic Muttom.” 2. The learned Government Pleader on the basis of the prospectus would contend that, the petitioner is not entitled to the reliefs prayed for, in so far as the mistake is his own, in not ensuring that the certificate obtained by him is in the correct form. He would submit that as per the prospectus the applications and certificates which are not in the prescribed form is liable to be rejected summarily. 3. I have heard the rival contentions in detail. 4. It is a hard case for the petitioner. Both the petitioner and the 2nd respondent are not at fault. The mistake was committed by the 4th respondent. In so far as, it cannot be disputed that the petitioner is a permanent native of Idukki W.P(C)No.22017 of 2008 - 3 - District, he certainly is entitled to the weightage marks as provided in the prospectus. Equity demands that petitioner should not be denied that benefit, simply because of the mistake committed by the 4th respondent, despite the stringent provisions in the prospectus. But at the same time while giving such relief to the petitioner, admissions already made shall not be distrubed. Accordingly, I direct that admission to the petitioner be considered as a native of Idukki District in the next arising vacancy in the Government Polytechnic, Purapuzha or Govt. Polytechnic Muttom, giving him the weightage marks for being a native of Idukki. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs