IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 14232 of 2011(D) -------------------------- PETITIONER(S): --------------- ASWIN B.NAIK (MINOR) AGED 17 YEARS, REPRESETNED BY HIS FATHER, DR.NARAYANAN K.NAIK, CHETTIPADI P.O., PARAPPANANGADI, MALAPPURAM DISTRICT BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. COMMISSIONER FOR ENTRANCE EXAMINATION, O/O.THE COMMISSIONER FOR ENTRANCE EXAM, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001 2. TAHSILDAR, HOSDURG, KASARAGOD DISTRICT' SPECIAL GOVT. PLEADER SRI.P.SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.14232 OF 2011 -------------------------------------------------- Dated this the 3rd day of June 2011 JUDGMENT The petitioner, who claims the status of a Scheduled Caste, by virtue of the inter-caste marriage between the parents, one of whom belongs to such a caste, is before this Court with the grievance that the claim of the petitioner to be considered as a Scheduled Caste, for admission to the Professional Colleges, pursuant to the common entrance examination has been turned down and has not been considered for inclusion in the rank list, in spite of satisfying the requirements, which hence is sought to be intercepted by this Court. The petitioner seeks for a declaration that the petitioner belongs to the caste by name 'Velan', which is a Scheduled Caste community and for such other appropriate reliefs. 2. The learned counsel for the petitioner, with reference to the materials produced before this Court submits that Ext.P3 is the inter- caste marriage certificate of the parents, showing the factual position in substantiation of the claim of the petitioner, a copy of which is stated as produced along with the application preferred before the 1st respondent. Reference is also made to Ext.P4 Caste Certificate and Ext.P5 G.O dated 20-11-2008, whereby such benefit as claimed by the petitioner is held as eligible to be given. The learned counsel made a further reference to Ext.P6 Caste Certificate dated 19-01-2011, issued by the concerned Tahsildar and Ext.P9 gazette notification with regard W.P.(C) No.14232/2011 2 to the fact that the petitioner belongs to Scheduled Caste. In spite of the credentials as above, the petitioner has been virtually prevented from having the benefits liable to be extended to the persons concerned as covered by Ext.P5 G.O, which hence is sought to be rectified. 3. The learned Special Govt. Pleader, with reference to Clause 5.4.3 of the prospectus submits that the petitioner admittedly did not get the community certificate (forming part of Ext.P7 application) filled up and certified by the concerned authority and that the mere production of inter-caste marriage certificate is not enough to extend the benefit to the petitioner. The relevant clause of the prospectus as aforesaid reads as follows: 5.4.3 Claim for reservation under Scheduled Castes/Scheduled Tribes Quota: (a) Candidates claiming reservation under Scheduled Castes/Scheduled Tribes quota should obtain the caste/community certificate from the Tahsildar concerned, in the proforma given in the application form specifically meant for them. SC/ST caste status of children, whose parents contracted inter-caste marriage, will be subject to the orders/clarification issued in GO(Ms) No.25/2005/SCSTDD dated 20-06-2005, judgment dated 10-08-2005 of the Full Bench of the Hon'ble High Court of Kerala in W.P.(C) 2483/2005 and connected cases and GO (Ms) No.109/2008/SCSTDD dated 20-11-2008. The above stipulation makes it point blank that the relevant community certificate has to be certified and issued by the concerned authority in the application form itself, which portion of Ext.P7 stands blank. W.P.(C) No.14232/2011 3 4. The learned counsel for the petitioner submits with reference to the entry under Clause 7.2.1 that, what is required to be satisfied by the petitioner is only the production of inter-caste marriage certificate and that the stipulation under Clause 5.4.3 is only meant for SC/ST candidates. But, the very same Clause stipulates therein that the candidates who come within the category of Clause 5.4.2(h), for children of inter-caste married couples, one of whom is SC/ST and eligible for the benefits as specified, should apply in the form meant for SC/ST. It is further submitted that they should attach an inter-caste marriage certificate from the Revenue officials with the application form. 5. In the above circumstances, this Court finds that the prospectus issued by the 1st respondent clearly stipulates for production of the community certificate as duly filled and certified by the concerned authority in the application form itself, which portion in the case of the petitioner stands not filled up or certified. This being the position, the claim of the petitioner to have him considered as a Scheduled Caste and to extend the benefit of Ext.P5 G.O is not liable to be entertained. Interference is declined and the Writ Petition is dismissed. vdv P.R.RAMACHANDRA MENON, JUDGE