LAWS(KER)-2021-1-46

ANJANA C. Vs. STATE OF KERALA

Decided On January 04, 2021
Anjana C. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These writ petitions have been filed by the same petitioner, based on the same issue. Therefore, these writ petitions are heard together and disposed of by a common judgment. W.P.(C) No.20509/2019 has been filed seeking to quash Ext.P27 Report of Vigilance Officer, Directorate of KIRTADS, Ext.P30 order of the Scrutiny Committee for Verification of Community Certificates and Ext.P31 order of the Additional Secretary to Government of Kerala. W.P.(C) No.12922/2020 has been filed seeking to quash Exts.P3, P4 and P16 reports. The petitioner also seeks to quash Ext.P17 order and Ext.P19 report. The parties and documents are referred to in this judgment as they appear in WP(C) No.12922/2020.

(2.) According to the petitioner, her paternal ancestors belonged to Puthirai Vannan community and migrated from Tamil Nadu to Kerala before the year 1930 and settled at Moongalar Estate in Idukki District. As per the Constitution Scheduled Castes Order, the community Puthirai Vannan is a Scheduled Caste in both the States of Tamil Nadu and Kerala. The grandfathers of the petitioner had no elementary education. In Ext.P1 School Admission Register in respect of the petitioner s father, the community is shown as Puthirai Vannan in the year 1979. The petitioner's mother belonged to Nair Community. Father was employed in Harrison Company and was transferred to Wayanad. The family was residing in quarters, in Wayanad District ever since.

(3.) The petitioner s father purchased property in Wayanad District utilising funds made available to members of the Scheduled Caste. For the sale deed, stamp duty was exempted since the petitioner s father belonged to Scheduled Caste. The petitioner has been continuously enjoying the benefits available to the members of the Scheduled Castes since her birth. In the year 2018, the petitioner applied for Medical Entrance Examination. The Screening Committee suspected veracity of community certificate issued to the petitioner by the Tahsildar and referred the issue to the Vigilance Cell of the Screening Committee. The petitioner appeared before the Screening Committee.