LAWS(KER)-2011-6-23

LINCY ROBERT Vs. STATE OF KERALA

Decided On June 02, 2011
LINCY ROBERT Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner applied for admission to professional degree courses in Kerala in the engineering stream for the year 2007. THE petitioner belongs to Latin Catholic community other than Aglo-Indian of Christian religion and as such she is entitled to communal reservation. According to the petitioner, the petitioner produced appropriate certificates to prove that the petitioner belongs to Latin Catholic other than Aglo-Indian. But the petitioner's claim for reservation was rejected on the ground that in the community certificate produced, it was not mentioned that she belongs to Latin Catholic other than Aglo-Indian. THE petitioner submits that exactly identical question has been considered by this Court in Exts.P5 and P6 judgments and going by the same, the petitioner is entitled to be considered for reservation as Latin Catholic other than Aglo-Indian. THE petitioner therefore seeks the following reliefs:

(2.) AT the time of admission, I passed an interim order as prayed for.

(3.) PRACTICALLY, there is no dispute about the fact that the petitioner actually belongs to Latin Catholic other than Aglo- Indian and eligible for reservation. In view of the interim order, the petitioner has already joined the course and 4 years have gone by now. In view of the same, and particularly in view of Exts.P5 and P6 judgments, I am of opinion that the petitioner is entitled to continue the studies in accordance with the admission obtained by her on the basis of the interim order. Accordingly, the writ petition is disposed of declaring that the petitioner has been rightly admitted for the course on the basis of the interim order.