IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 13112 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. AMBADI S/O.SAJEEV, ARYABHAVAN, VELIYAM P.O., KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. ABHIRAJ.B., S/O.RAJAN, P.R.BAHVAN, VELIYAM WEST P.O., KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM. 2. THE CONTROLLER OF EXAMINATION, GOVERNMENT OF KERALA, 5TH FLOOR, HOUSING BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM. 3. THE TAHAZILDAR, THALUK OFFICE, KOTTARAKKARA, KOLLAM DISTRICT. 4. THE VILLAGE OFFICER, VELIYAM VILLAGE,KOTTARAKKARA TALUK, KOLLAM DISTRICT. 5. UNNIKRISHNA PILLAI, VILLAGE OFFICER, ELIYAM VILLAGE,KOTTARAKKARA TALUK, KOLLAM DISTRICT. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 13112 of 2010 ================== Dated this the 24th day of May, 2010 J U D G M E N T The petitioners are aspirants for admission to professional courses in the State of Kerala for the year 2010. While applying, they wanted to seek reservation benefit. For that purpose, the petitioners were expected to get certificates regarding their community as well as income from the 4th respondent in the application form for applying for the entrance examination itself. According to the petitioners, they applied for both community certificate and income certificate and produced the application form before the 4th respondent for filling up the forms regarding the certificates in the application form itself. The petitioners would allege that instead of filling up the forms provided for both the certificates, the Village Officer concerned filled up only the form regarding income certificate alone and did not fill up the form provided for community certificate. The petitioners would allege that they themselves pointed out to the Village Officer that both forms would have to be filled up, when the Village Officer informed them that as per the circular issued by the Government, the column showing the community shall not be filled up by the Village Officers and school records would be sufficient for proving the community. Therefore, the petitioners submitted applications before the Commissioner for w.p.c.13112/10 2 examinations without the certificate regarding community. The petitioners were informed by Exts.P4 and P5 that they are being included in the general category. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “i. To issue a writ of mandamus or any other writ, order or direction compelling and commanding the respondents No.1 and 2 to accept the caste of the petitioners as Ezhava and give them the benefit of reservation available to Ezhava community. ii. To issue a writ of mandamus or any other writ, order or direction compelling and commanding the respondents No. 3 and 4 to issue caste certificate to the petitioners as if they were belonging to Ezhava Community. iii. To issue a writ of mandamus or any other appropriate writ, order or direction, compelling and commanding the respondents 3 and 4 to issue caste certificate of the petitioners so as to enable them to get the reservation benefit. iv. To declare that the petitioners are belonging to Hindu Ezhava Community and entitled to get the benefit of reservation meant for the Ezhava Community in the professional courses. v. To issue a writ of mandamus or any other appropriate writ, order or direction, compelling and commanding the respondent 1 and 2 (sic) take/recommend for suitable disciplinary actions against the 5th respondent for the dereliction of duty.” 2. At the outset, I must point out that the petitioners are guilty of delay and laches. In Exts.P4 and P5 which are expressly stated to be provisional it has been specifically directed that complaints if any, shall be preferred to the Commissioner for Entrance Examinations in writing on or before 12.3.2010. But admittedly, the petitioners have filed Exts.P6 and P7 only on 7.4.2010. This writ petition is liable to be dismissed on that ground alone. Further, the w.p.c.13112/10 3 learned Government Pleader has produced before me copies of the applications submitted by the petitioners before the Village Officer seeking the certificates. From the same, I find that the petitioners have filed separate applications for both income and community certificates. The applications for income certificates were filed in December, 2009, whereas the applications for community certificates were filed only by the end of March, 2010. Therefore, I am inclined to believe the version of the 4th respondent than that of the petitioners. That being so, I am not inclined to entertain this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge