AKHIL P PUSHKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are before the Division Bench following an order of reference made by the learned single Judge in four of them. The others are tagged along.

(2.) The short issue arising for decision is as to whether SC/ST and OEC students undergoing courses of study for MBBS in Self Financing Colleges are eligible for educational concessions without reference to their source of admission, to wit, whether they were admitted through competitive entrance examination conducted by the Commissioner of Entrance Examinations under the Government of Kerala or through entrance examination conducted by the Association of the Managements of the Self Financing Colleges. By judgment dated 21st August, 2009 in WP(C).No.27905 of 2008 [copy of which is Ext.R2(d) in WP(C). No.34545 of 2009], the learned single Judge had taken the view that the benefits of educational concessions extended to those communities would not be available if the admission is against management seat. In the reference order dated 11th June, 2010, that learned Judge has doubted his earlier view and has hence made the reference.

(3.) The learned senior advocates and the other advocates appearing for the different petitioners argued that in terms of the constitutional direction contained in Article 46 of the Constitution, there can be no classification on the basis of the source of recruitment since benefits are extended to the communities as a homogeneous group and there cannot be any intelligible differentia to classify them either on the basis of financial considerations or source of recruitment. Reference was made to the judgment of the Hon'ble Supreme Court in Avinash Singh Bagri v. IIT Delhi, 2009 8 SCC 220 to state that SCs and STs are a class by themselves and the creamy layer principle is not applicable to them. In that precedent, Their Lordships noted that Article 46 of the Constitution enjoins upon the State to promote, with special care, the educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms of exploitation and, that those socially and economically backward categories are to be taken care of at every stage, even in the specialized institutions and State must take all endeavour to bring them up at par with general category students.