KERALA PUBLIC SERVICE COMMISSION Vs. SREEKALA K R

JUDGEMENT

(1.) W.A. No. 2440 of 1999 is filed by the Kerala Public Service Commission against the interim order dated 30-9-1999 in C.M.P. No. 7368 of 1999 in O. P. No. 11028 of 1996 directing the Public Service Commission to advise Dr. K. R. Sreekala, for appointment as Assistant Civil Surgeon, provisionally, accepting the caste status claimed by her. If she is otherwise entitled to. When the Original Petition came up for hearing, learned single Judge referred the Original Petition for being heard along with the appeal. Hence we are disposing of the appeal as well as the Original Petition by a common order. We narrate the facts as stated in the Writ Petition.

(2.) Petitioner is a practising allopathy doctor. She passed her M.B.B.S. and was aspiring for higher studies. She applied for admission to P. G. Medical Course in the year 1992. She applied in the quota earmarked for Scheduled Tribe. Petitioner's mother belongs to Hindu Malai Arayan community, which is a Scheduled Tribe community recognised by the Presidential Order. Petitioner's father belongs to Valan community, a Other Backward Class community in the State. In pursuance to her application she was permitted to appear for the examination. She appeared, but the result was not published. Instead, petitioner was served with Ext. P6 letter dated 20-5-1992 from the Office of the Commissioner for Entrance Examinations stating that the Screening Committee entertained some doubts whether petitioner could be considered for admission to the seats ear marked for Scheduled Caste/ Scheduled Tribe and therefore it was decided to refer the said question to KIRTADS. It was pointed out that the Screening Committee would take further action only after getting a report from the KIRTADS. Petitioner then sent all the relevant documents to KIRTADS to show that her mother belongs to Hindu Malai Arayan community, therefore entitled to get the benefit of reservation for admission to educational institutions. Petitioner did not get any reply. Corise quently, she did not apply for the year 1993.

(3.) Petitioner during the year 1994-95 submitted an application dated 12-4-1994 for admission to Post Graduate Medical Course. Petitioner then received a reply dated 12-4-1994 stating that her application dated 12-4-1994 was considered by the Screening Committee and the Screening Committee entertained some doubts as to whether petitioner is eligible for consideration to the eats reserved for Scheduled Caste/Scheduled Tribe. Petitioner was therefore informed that the matter had been referred to KIRTADS. She was also informed that her application would be considered only after getting a report from the KIRTADS. The officers of the KIRTADS made an enquiry after issuing notice to the petitioner's father on her behalf. KIRTADAS noted that the candidates claim for ST status rests on her mother. Investigating officers of the KIRTADS had interviewed the candidate's father, mother and family members. In the enquiry the KIRTADS found that the petitioner's mother belongs to Malai Arayan community. It was also noted that the claim of the petitioner rests on G.O. (MS) No. 11/77 dated 25-1-1977. Dealing with the merits of the case, KIRTADS stated as follows :