IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 24673 of 2008(K) PETITIONER: UMMU SELMA, W/O. UMMER, VALAPPAN HOUSE, PERUMKULAM, EDAKKARA.P.O, NILAMBOOR TALUK. BY ADV. SRI.N.ANILKUMAR RESPONDENTS: 1. STATE OF KERALA, REP. BY SECRETARY EDUCATION DEPARTMENT, TRIVANDRUM. 2. DIRECTOR, HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM-695001. 3. JOINT DIRECTOR, DIRECTORATE, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM-695001. 4. REGIONAL DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE. 5. PRINCIPAL, GOVERNMENT H.S.S, EDAKKARA.P.O, NILAMBUR. BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 24673 OF 2008 K -------------------------------------------- Dated this the 28th August, 2008 JUDGMENT The petitioner's son applied for Plus One Course. His first option was the combination of Business Studies, Accountancy, Economics and Computer Applications in Government Higher Secondary School, Edakkara, Nilamboor. The second and third options made by the petitioner's son were also in the same school, for different combinations. The grievance of the petitioner is that in spite of the fact that the rank of the petitioner's son was 89, he did not get allotment and those who are lower in rank got allotment. The petitioner relies on Ext.P2 to establish this contention. 2. The dispute centeres round as to how the vacant seats earmarked for SC/ST candidates should be alloted. Ext.P3 prospectus provides that after the last allotment, if vacancies arise in the seats earmarked for SC/ST candidates, persons belonging to those communities and who had not applied earlier would be considered and they would be afforded an opportunity to make an application. Even after considering their request, if vacancies are there, such vacancies shall be filled up by accommodating OEC, OBC and General Category candidates in succession and in accordance with the priority. In the OBC category in W.P.(C) NO.24673 OF 2008 :: 2 :: the prospectus, it is shown ( . The petitioner points out that the Government took the view that these categories in the prospectus would not take in any candidate belonging to Muslim community and that it has resulted in the denial of admission to the petitioner's son. A statement dated 27.8.2008 is filed by the Regional Deputy Director, Higher Secondary Education, Ernakulam, on behalf of the second respondent. The statement reads as follows: “It is respectfully submitted that hitherto reservation followed in respect of the vacancies arose due to the absence of SC/ST candidates were filled with the OEC/OBC Hindu/OCB Christian candidates and in their absence the vacancies were allotted to the general candidates. Following the complaint made by a group of persons in respect of the Plus one admission for getting proportionate allocation of seats for OBC muslims, LC, Ezhava, SIUC. The Government have taken a decision to consider the grievances of persons belong to those communities and also accord sanction to provide proportionate share of seats in the absence of SC/ST candidates which have already allotted to the OEC, OBC Hindu and OBC Christian. The Government have also taken a decision to create additional seats in order to provide proportionate share. In the above circumstances the grievances of the petitioner have already been redressed and they will be considered as against the vacancies in accordance with their merits.” 3. In view of the statement, I am of the view that the grievance of the petitioner would be redressed. The statement is recorded. If, for any reason, the petitioner's son does not get the benefit of the averments W.P.(C) NO.24673 OF 2008 :: 3 :: made in the statement within a reasonable time, the petitioner would be entitled to approach this Court for appropriate orders in this Writ Petition itself by filing an appropriate application. It is submitted by the learned Government Pleader that the matters would be finalized as per the statement within a period of three weeks. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/