IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6266 of 2009(C) ------------------------------------ PETITIONER : --------------------- 1. ASHOK.S.A. S/O. AYYAPPA MUTHAPPA @ ANTHAPPAN MUTHAPPA AGED 17 YEARS, RESIDING AT S.M.A.DALE, A.M.C. JUNCTION, PUTHENTHURA PO, NEENDAKARA, KOLLAM, MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN. 2. MARY, W/O. AYYAPPA MUTHAPPA @ ANTHAPPAN MUTHAPPA AGED 46 YEARS, RESIDING AT S.M.A.DALE, A.M.C. JUNCTION, PUTHENTHURA PO, NEENDAKARA, KOLLAM. BY ADV. MR..P.V.VENUGOPAL RESPONDENTS : ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT FOR HIGHER EDUCATION SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER FOR ENTRANCE EXAMINATIONS 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, COLLECTORATE,KOLLAM 4. VILLLAGE OFFICER, NEENDAKARA. BY MR. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 6266 of 2009 ------------------------------------ Dated this the 26th day of February, 2009 JUDGMENT Petitioner claims to be a Latin Catholic other than Anglo Indian community classified among the SEBC category. As per Exhibit P1, the petitioner made an application to the 4th respondent for a community certificate in the format prescribed in Exhibit P1 itself, for making an application for admission to Professional Degree Courses 2009. 2. Referring to Exhibits P5 to P8, petitioner contends that he is a Latin Catholic other than Anglo Indian Community and therefore, is entitled to the certificate as sought for. Certificate has not been issued and on the other hand, according to the petitioner the 4th respondent returned the application certifying only his nativity. The last date for making application is expiring today and it is in this background, this writ petition has been filed seeking a direction to the 4th respondent to issue the certificate as sought for. W.P.(C) No. 6266/2009 2 3. Learned Government pleader on instruction submits that this matter needed a detailed enquiry and therefore, the Village officer forwarded the matter to Tahsildar for enquiry, and that order is awaited. 4. Thus, it is obvious that as on date, the certificate has not been issued and the last date for submitting the application is also expiring. Certainly the matter needs to be finalised, as otherwise the future of the petitioner will be ruined. Therefore,the Tahsildar, Karunagapally to whom the 4th respondent has forwarded the claim of the petitioner for the issuance of community certificate as well as income certificate, shall conduct necessary enquiry and pass final orders. This shall be done before 20th of March, 2009. 5. It is directed that in the meanwhile, in order to enable the petitioner to submit his application, I direct the 4th respondent to issue a provisional certificate regarding his income as well as a community certificate in the format prescribed in Exhibit P1 application, on the production of copy of this judgment. It should be made clear in the certificate that it is W.P.(C) No. 6266/2009 3 pursuant to the judgment of this Court, certificate was issued and that the same shall be provisional and subject to the result of the enquiry to be completed by the Tahsildar. 6. It is also made clear that if the petitioner submits the application before the second respondent on or before 5/03/2009, the same will be accepted as one made validly within the specified time. Petitioner may produce a copy of this judgment before the respondents 2, 4 and Tahsildar for compliance. ANTONY DOMINIC, JUDGE scm