IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 19632 of 2007(K) -------------------------- PETITIONER(S): --------------- 1. ARJUN VIJAYAN (MINOR), REP.BY HIS FATHER P.P.VIJAYAN, D/O.DEVAKI, RESIDING AT ASWATHY, KANHIRA, THOTTADA P.O., KANNUR- 670 007. 2. MEHARCHAND MOHAN, S/O.MOHAN, PUTHIYAPURAYIL HOUSE, KANHIRA, THOTTADA P.O., KANNUR- 670 007. BY ADV. SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): --------------- 1. COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM- 695 001. 2. VIGILANCE OFFICER, VIGILANCE CELL, DIRECTORATE OF KIRTADS, KOZHIKODE-17. 3. THE TAHSILDAR, KANNUR. GOVERNMENT PLEADER SHRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.8.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 19632/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE COMMUNITY CERTIFICATE DTD.30.5.07 TO P1. P2. -DO- P2. P3. COPY OF THE ANTHROPOLOGICAL REPORT DTD.23.5.07. P4. -DO- 25.5.07. P5. COPY OF THE WRITTEN SUBMISSIONS DTD.7.6.07 BEFORE R1. P6. -DO- P7 COPY OF THE SSLC BOOK OF P1'S FATHER. P7(I). COPY OF THE GOVT. ORDER DTD.18TH JUNE 1979. P8. COPY OF THE ORDER DTD.30.6.07 OF R1. P9. COPY OF THE ORDER DTD.30.6.07 OF R1. P8(SIC) COPY OF THE GOVT. OF INDIA LETTER DTD.2.5.75. P9(SIC) COPY OF THE ORDER DTD.14.8.07 IN W.P.(C). Nos. 22363/07 AND 16456/07 OF THIS COURT. P10. COPY OF THE CERTIFICATE DTD.22.1.02 BY THE TAHSILDAR, KANNUR. P11. COPY OF PAGE 3 OF SSLC BOOK OF P.P.VIJAYAN. RESPONDENT(S)'EXHIBITS R1A. COPY OF THE GOVT. ORDER DTD.25.1.1977. “B. COPY OF THE GOVT. ORDER 20.6.05 sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.19632 of 2007 ================== Dated this the 28th day of August, 2009 J U D G M E N T The petitioners claim to be off-springs of inter caste marriages. According to the petitioners, their fathers belong to Mavillan Schedule Tribe and mothers belong to Thiyya community. They claim that they are entitled to follow their fathers' caste, in which case, they are entitled to get caste status as members of a Scheduled Tribe. They were given community certificates to that effect, as is evident from Exts.P1 and P2. On the basis of those certificates, they sought admission to professional colleges in the seats reserved for Scheduled Tribes. On the basis of Exts.P3 and P4 anthropological reports, they are not being given the benefit of reservation as applicable to Scheduled Tribes. It is under the above circumstances, the petitioners have filed this writ petition seeking following reliefs: “i) Call for records leading to Exhibit P3 and P4 Anthropological reports; ii) Issue a writ of mandamus or other appropriate writ to the 1st respondent to accept the Exhibit P1 and P2 community certificate issued by the 3rd respondent to the petitioners assigning scheduled tribe status for purpose of admission to professional degree courses 2007. iii) Pass any other order that this Hon'ble Court may deem it necessary in the interest of justice, iv) Award cost to the petitioners.” 2. The learned Government Pleader submits that subsequent 2 to Exts.P3 and P4, the Screening Committee had passed orders holding that the petitioners do not belong to Scheduled Tribe community. 3. In so far as the petitioners have not chosen to challenge the orders of the Screening Committee, I do not think that the petitioners can succeed in this writ petition. In such circumstances, the counsel for the petitioners submits that the petitioners may be given an opportunity to challenge those orders. I am not expressing any opinion on the same. If the petitioners are entitled to challenge the same at this point of time, they may do so. Writ petition is accordingly disposed of. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge