IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 14040 of 2008(U) -------------------------- PETITIONER: ------------ SYED SIRAJUDDIN, S/O.SYED CHANSAN, APPOOS, 1/1056A, NEAR KANAKALAYA BANK, WEST HILL P.O., CALICUT-5. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ------------- 1. THE SENIOR DIVISIONAL COMMERCIAL MANAGER (SOUTHERN RAILWAYS), DIVISIONAL OFFICE, COMMERCIAL BRANCH, PALAKKAD DISTRICT. 2. INDIAN RAILWAY CATERING & TOURISM CORPORATION LTD., REGIONAL OFFICE, 40/8194, SALIH ARCADE, IST FLOOR, CONVENT ROAD, COCHIN - 35, REP. BY ITS REGIONAL MANAGER. BY ADV. SRI.M.C.CHERIAN,SC,RAILWAY CATERING FOR R2 SRI.SUBAL J.PAUL, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.14040 of 2008 ================== Dated this the 2nd day of July, 2008 J U D G M E N T The petitioner is a licensee running a fruit stall in the Calicut Railway Station. According to the petitioner, he has been conducting the fruit stall for the last 28 years. As per the new policy decision of the Railways, 25 per cent of the catering stalls in railway stations is reserved for various categories such as OBC, SC/ST, minority community etc. The petitioner has got a claim for reservation as a member of an OBC and a minority community. Now in accordance with that policy decision of the Railways, it has been decided to set apart the particular stall which is being run by the petitioner as one reserved for schedule castes. The petitioner now presses his claim for reservation as a OBC/minority community member and allotment of a stall accordingly. Seeking this relief the petitioner has filed Ext.P8 representation before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P8 expeditiously. 2. I have heard the learned Standing Counsel for the w.p.c.14040/08 2 Railways also. On the basis of the counter affidavit filed on behalf of the 2nd respondent, the standing counsel would contend that in view of the changed policy, the petitioner is not entitled to the relief prayed for. However, I feel that the 1st respondent should consider Ext.P8 in accordance with the policy of the Railways. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to consider and pass appropriate orders on Ext.P8 in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 1st respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.14040/08 3