IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5476 of 2009(D) ----------------------------- PETITIONER(S): ------------------- ARYA PREMAN, D/O. PREMAN, AGED 20 YEARS, SOUPARNIKA, K.S.H.B COLONY, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.V.K.SUBRAMANIAN SRI.M.K.SASEENDRAN RESPONDENT(S): -------------------- 1. THA TAHSILDAR, SULTHAN BATHERY, WAYANAD DISTRICT. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, KERALA STATE, THIRUVANANTHAPURAM - 695 001. SPL.GOVT.PLEADER SRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 5476 OF 2009 (D) ==================== Dated this the 19th day of February, 2009 J U D G M E N T Petitioner submits that she intends to apply for admission to the Professional Degree Course in Kerala through the Entrance Examination. According to the petitioner, she is a child born to an inter caste married couple, among whom, her mother is a Mala Araya. Petitioner states that, she has suffered all disabilities of that caste and therefore is entitled to be issued a community certificate to that effect in terms of Ext.P4 Government Order. In view of this claim, she has made Ext.P5 application before the 1st respondent and the 1st respondent by Ext.P6 rejected the application. 2. Though the petitioner filed Ext.P7 before the District Collector, purported to be an appeal against Ext.P6, it is now pointed out by the learned Government Pleader, that in terms of Section 12 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of issue of Community Certificates Act, 1996, the Appellate Authority is the Revenue Divisional Officer and not the District Collector. 3. The complaint in this writ petition is that during the pendency of Ext.P7 appeal, the time for making the application for entrance WPC 5476/09 :2 : examination is expiring on 26th of this month and therefore the appeal should be expedited, and that in the meanwhile, a provisional certificate should be issued enabling the petitioner to submit her application. 4. True, as contended by the learned Government Pleader, Ext.P7 has been filed before a wrong authority and therefore, it is for the petitioner to file a fresh appeal before the designated appellate authority, namely, the Revenue Divisional Officer. 5. However, having regard to the claim of the petitioner and as the statute provides for an appellate remedy, it is only appropriate that the petitioner is allowed to pursue that remedy. Therefore, the writ petition is disposed of with the following directions. (I) That within two weeks from today, the petitioner shall file an appeal before the Revenue Divisional Officer, Waynad, in which case, the said Authority shall consider the appeal and pass orders thereon, with notice to the petitioner, and as expeditiously as possible, at any rate within 4 weeks thereafter. (II) Taking into account the fact that the last date for applying for Entrance Examination referred to above is expiring on the 26th of this month, I direct the 1st respondent to issue a provisional certificate WPC 5476/09 :3 : forthwith on the production of a copy of this judgment in order to enable the petitioner to make application as above. In the certificate, it should be made clear that the certificate is issued pursuant to this judgment and that it is purely provisional and subject to the outcome of the appeal to be filed and decided by the Revenue Divisional Officer. Petitioner may produce a copy of this judgment before the 1st respondent and the Revenue Divisional Officer for compliance. ANTONY DOMINIC, JUDGE Rp