IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 25534 of 2010(N) -------------------------- PETITIONER: --------------- VIDYA M.A., AGED 18 YEARS, D/O.BABU K.ACHUTHAN, MANAKKADAVATH HOUSE, NATHENKUNI, PUTTAD, MEPPADI, WAYANAD. BY ADV. SRI.C.V.MANUVILSAN P.G.SURESH V.P.YOOSAF SMT.K.VIDYA MANUVILSAN RESPONDENTS: --------------- 1. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001. 2. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, MINISTRY OF EDUCATION, THIRUVANANTHAPURAM 3. THE VILLAGE OFFICER, THOMATTUYAL VILLAGE, SULTHAN BATHERY, WAYANAD. SPL. GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRIJAGAN, J. --------------------------------------- W.P.(C) No.25534 of 2010 --------------------------------------- Dated this the 13th day of August, 2010 J U D G M E N T ........................... The petitioner appeared for the common Entrance examination for professional courses conducted by the Kerala Government this year. The petitioner claims to be belonging to the Hindu Kanakkan community. But in the community certificate produced by the petitioner in the application form she was certified to be belonging to the community of Hindu-Thiyya. According to the petitioner this is a mistake committed by the village officer for which the petitioner should not be penalized. The petitioner therefore submits that her candidature for admission should be considered as a Hindu Kanakkan and seeks the following reliefs: 1. Issue a writ of mandamus directing the 1st respondent to include the petitioner's name in the category list of SC/ST quota, in consideration of Exhibits P3, P4, P5 and P6. 2. Issue a writ of mandamus directing the 1st respondent to dispose of Exhibit P8 representation, as per law, with a reasonable opportunity of being heard to the petitioner or her authorized representatives, without any further delay. 2 W.P.(C) No.25534 of 2010 2. This is opposed by the learned Government pleader who submits that it is in the lookout of the petitioner that the petitioner's application is in order in all respect. Since admittedly in the application she certified as belonging to Hindu-Thiyya, the petitioner is not entitled to the reliefs prayed for. He also submits that all persons aggrieved by the classification for the purpose of reservation could have filed their objections within the time stipulated by the commissioner of Entrance Examinations which also the petitioner has not done. 3. I have considered the rival contentions. I am of opinion that it is too late in the day for the petitioner to come forward with a claim that despite the mistake in the application form regarding the petitioner's community the petitioner should be considered as a scheduled caste. As rightly pointed out by the learned Government Pleader it was for the petitioner to see that her application is in order in all respects. The petitioner herself obtained the community certificate in the application form. It was for 3 W.P.(C) No.25534 of 2010 her to see whether that certificate was in order in all respects. After submitting the application showing herself as a Hindu-Thiyya, she cannot claim that she should be considered as scheduled caste contrary to the community certificate produced by her. As such I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, this writ petition is dismissed. S.SIRIJAGAN, JUDGE. rkc