MEERAKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER seeks a writ of mandamus to command 5th respondent to issue a certificate of income during the current year, i. e. from 1-4-1990 to 31-3-1991. He is a retired Professor of Malayalam Department of t. K. M. College of Arts and Science, Quilon. He retired on 31-3-1990. His wife also retired on the same day as Headmistress from Perinad Government Welfare Lower Primary School . PETITIONER is getting Rs. 492/-as pension per month. His wife is entitled to get Rs. 6551- per month as pension. Their daughter Miss. Lajni applied for admission to M. B. B. S. Course for the year 1990-91 of the Directorate of Medical Education, Government of Kerala. She appeared for the entrance examination, the result of which was published on 27-7-1990. Her rank in the general list is 1331 and she would therefore get admission in the quota allotted for socially and educationally backward communities. Candidates belonging to those communities have to produce the family income certificate. Only candidates whose family income does not exceed rs. 20. 000/- are eligible to be allotted in this category of reservation. PETITIONER's grievance is that 5th respondent Village Officer refused to issue the income certificate on the basis of the pension amount drawn by him and his wife which is the "real income" whereas he offered to give a certificate on the basis of the income for year ending 31-3-1990, which does not reflect real state of affairs. PETITIONER's daughter will get admission in the reservation quota if the real income is reckoned and only if he is able to produce the income certificate showing an income below Rs. 20,000/ -. The non-issue of the certificate by the Village Officer will adversely affect her career. PETITIONER has therefore filed this original petition seeking the following reliefs: 1. Issue a writ of mandamus or appropriate writ or order directing 5th respondent to issue a true and correct income certificate to petitioner and his family during the current year that is from 1-4-1990 to 31-3-1991, and ii. Declare that the income of the petitioner's family for the purpose of reservation under quota for the M. B. B. S. Course relating to socially and educationally backward community (muslims) is below Rs. 20,000/-per annum.

(2.) THE petition came up for admission before Chettoor sankaran Nair j. who felt doubt as to whether it is possible to direct the respondent to issue a certificate in respect of a period yet to come. Since the question is one of frequent recurrence the learned single judge felt that an authoritative pronouncement is required. That is how the petition has come up before us.

(3.) THE income envisage din the guidelines is the income "actually earned" and it must also be the regular income. Petitioner and his wife having retired from service on31-3-1990, their income has been reduced considerably since then and the income for the year 1990-91 would not be the same as that of the previous year. In other words, the real actual income is below the prescribed minimum since the date of retirement. THE computation of income of the year 1989-90 for issuing the income certificate would be reckoning an unreal state of affairs and virtually denying the petitioner's daughter the benefit conferred on a socially and educationally backward community in Kerala. That could have been done provided the income for the current year, i. e. 1990-91 is also the same. It is not so, in view of subsequent or supervening events. THE phrase "income actually earned" means an ascertained sum, according to the learned Government Pleader and that can only refer to the year previous to the year in which the income certificate is issued. But the guidelines issued by the Government have made it clear that the income actually earned should also be the regular income of the family. When the income of the family has been reduced to one half or less since 31st of march, 1990 their income has ceased to be regular and the change in income should be reckoned, by the Village Officer in issuing the income certificate. THE regular income of the family of the candidate as on the date of the application is the 'real income' earned or accrued and that is the income actually earned by them which is the relevant factor that should be looked into by the Village Officer and he has to show that income in the income certificate.