IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25200 of 2008(Y) PETITIONER: 1. MOHAMMED, AGED 42, S/O. MAMMUTTY, MULLAMADAKKAL HOUSE, KARIPPUR.P.O, MANKADA, MALAPPURAM. 2. MOOSA.P, AGED 42 YEARS, S/O. MUHAMMED, PONNAMKATTIL HOUSE, KADANNAMANNA.P.O, MANKADA, MALAPPURAM. 3. KUNCHI KOMU.P, AGED 65 YEARS, S/O. MAMMUTHU.P, PUTHUMANNIL HOUSE, PARAPPOOR.P.O, TIRURANGADI. 4. ABDUL RAZAK.K, AGED 45 YEARS, S/O. MUHAMMED.K, KOORIKUNNAN HOUSE, POTTIPPARA, EDARIKKODE.P.O, TIRURANGADI. 5. SMT. AYISHA, AGED 40 YEARS, W/O. A ABDURAHMAN, AMBALACHERRY, POOLAT HOUSE, KARIPPUR.P.O, TIRURANGADI. BY ADV. SRI.N.ANILKUMAR RESPONDENTS: 1. STATE OF KERALA, REP. BY SECRETARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR, HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 3. JOINT DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 4. THE REGIONAL DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE. 5. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, PERUVALLUR, MALAPPURAM. 6. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, MANKADA, MALAPPURAM. 7. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, PUTHUPARAMBA, MALAPPURAM. 8. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, PERUVALLUR, MALAPPURAM. BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 25200 OF 2008 Y -------------------------------------------- Dated this the 28th August, 2008 JUDGMENT The petitioners are the parents of pupil who sought admission to Plus One Course under the “Single Window System” of admission. Admission sought is to Higher Secondary Schools in Malappuram District. Various schools were preferred by different candidates as their option and different combinations were also opted by them. The grievance voiced by the petitioners is that their wards did not get admission because of a wrong interpretation sought to be made by the respondents on the clauses available in Ext.P12 prospectus. 2. The dispute centeres round as to how the vacant seats earmarked for SC/ST candidates should be alloted. Ext.P12 prospectus provides that after the last allotment, if vacancies arise in the seats earmarked for SC/ST candidates, persons belonging to those communities and who had not applied earlier would be considered and they would be afforded an opportunity to make an application. Even after considering their request, if vacancies are there, such vacancies shall be filled up by accommodating OEC, OBC and General Category candidates in succession and in accordance with the priority. In the OBC category in W.P.(C) NO. 25200 OF 2008 :: 2 :: the prospectus, it is shown ( The petitioners point out that the Government took the view that these categories in the prospectus would not take in any candidate belonging to Muslim community and that it has resulted in the denial of admission to the wards of the petitioners. A statement dated 27.8.2008 is filed by the Regional Deputy Director, Higher Secondary Education, Ernakulam, on behalf of the second respondent. The statement reads as follows: “It is respectfully submitted that hitherto reservation followed in respect of the vacancies arose due to the absence of SC/ST candidates were filled with the OEC/OBC Hindu/OCB Christian candidates and in their absence the vacancies were allotted to the general candidates. Following the complaint made by a group of persons in respect of the Plus one admission for getting proportionate allocation of seats for OBC muslims, LC, Ezhava, SIUC. The Government have taken a decision to consider the grievances of persons belong to those communities and also accord sanction to provide proportionate share of seats in the absence of SC/ST candidates which have already allotted to the OEC, OBC Hindu and OBC Christian. The Government have also taken a decision to create additional seats in order to provide proportionate share. In the above circumstances the grievances of the petitioner have already been redressed and they will be considered as against the vacancies in accordance with their merits.” 3. In view of the statement, I am of the view that the grievance of the petitioners would be redressed. The statement is recorded. If, for any reason, the wards of the petitioners do not get the benefit of the W.P.(C) NO. 25200 OF 2008 :: 3 :: averments made in the statement within a reasonable time, the petitioners would be entitled to approach this Court for appropriate orders in this Writ Petition itself by filing an appropriate application. It is submitted by the learned Government Pleader that the matters would be finalized as per the statement within a period of three weeks. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/