IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 29582 of 2008(V) PETITIONER(S): ------------------------ PANUJA.O.C., ONIYAL, NEERVARAM, WYNAD. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): ---------------------------- 1. UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, CALICUT UNIVERSITY PO., THENHIPPALAM MALAPPURAM. 2. STATE OF KERALA, REP. BY THE ADDL. SECRETARY, (GENERAL ADMINISTRATION DEPARTMENT), THIRUVANANTHAPURAM. BY ADV.SRI.P.C.SASIDHARAN STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH WPC NO.29689/08 ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ---------------------------------------------------- W.P ( C) No.29582 & 29689 of 2008 ----------------------------------------------------- Dated this the 15th October, 2008 JUDGMENT Similar issues are involved in these writ petitions. Therefore, they have been heard together and are being disposed of by this common judgment. 2. I heard Sri.P.V.Jyothi Prasad, learned counsel for the petitioner and Sri.M.Sasindran, standing counsel for Kannur University and Mr.P.C.Sasidharan, standing counsel for the Calicut University. 3. The petitioner, in both these cases, submits that she belongs to “Jain Minority Community”, whose mother tongue is Kannada. Therefore, she belongs to Linguistic Minority in the State. 4. W.P.(C)No.29689/08: Applications were called for by the 1st respondent University for “Teacher Education Course” and the prospectus shows that there is a reservation policy followed in favour of a Linguistic Minority speaking Kannada. Apparently, the said reservation for the Linguistic Minority for the earlier years was made available to persons residing within the Kannur University area. But for the current year, it has been confined to Linguistic Minority persons, who are W.P ( C) No.29582 & 29689 of 2008 :: 2 :: residing in Kasaragod District. 5. Similarly, in the case of W.P.(C) No.29582/08, the first respondent, University of Calicut, invited applications for “Teacher Education Course”. Ext.P2 prospectus for the year 2007-08 made available reservation for the Linguistic Minority of Kannada for the entire Wayanad area, but for the current year, it is confined to persons, who are residing within the jurisdiction of Calicut University. This will amount to arbitrariness because a portion of the Wayanad District is avoided, it is contended. 6. Mr.Jyothi Prasad, learned counsel for the petitioner contends that the persons, who are entitled to claim the benefits of Linguistic Minority of Kannada, are mostly residing in the northern Districts. There are a few persons, who are entitled to the benefit, residing in Wayanad District and the petitioner is one among them. That, this was recognised by both these Universities, is evident from the previous year's prospectus. There does not seem to be any justification for confining the benefit to Kasaragod residents, insofar as W.P.(C)No.29689/08 is concerned or for that matter excluding Wayanad W.P ( C) No.29582 & 29689 of 2008 :: 3 :: District insofar as W.P.(C)No.29582/08 is concerned. 7. Learned counsel for the Universities submit that the relevant Clauses in the respective prospectus make it clear that the benefit is to be made available only to persons who are residing within the Calicut University Area or in the Kasaragod District, as the case may be. 8. The benefit claimed by the petitioner is available to be claimed only by a minority, whose mother tongue is Kannada and such persons are mostly residents within the northern districts. There is a fairly significant number of persons, whose mother tongue is Kannada, residing in Wayanad District, the boundaries of which are geographically adjacent to the State of Karnataka. I think, it is only appropriate that both these Universities permit the persons who are residing in Wayanad District also, to apply for the benefit of the Linguistic Minority, whose mother tongue is Kannada. That, this was how the matter was perceived by the Universities earlier is not disputed by the Universities. In such circumstances, the writ petitions are disposed of directing the 1st respondent W.P ( C) No.29582 & 29689 of 2008 :: 4 :: University in both these cases, to re-notify that the benefit of reservation to the Linguistic Minority, whose mother tongue is Kannada, could be availed by the persons in Wayanad District. This may be done within a period of 10 days from the date of receipt of a copy of this judgment. After having done so, the applications received, in that behalf, including the applications filed by the petitioner herein shall be considered by the respective University, treating the applicant, if she is a resident of Wayanad District, as eligible for claiming the benefit of Linguistic Minority, whose mother tongue is Kannada and shall, therefore, be considered for admission to “Teacher Education Course” against the reserved seats. Sd/- (V.GIRI) JUDGE sk/- //true copy// P.S. To Judge