ASHA S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner belongs to Dheevara community (O.E.C.), who was admitted by the fourth respondent College for B.A.M.S. Course. She was originally included in the rank list prepared by the second respondent and her rank number was 36277. The matter in issue is regarding the denial of educational concession which the petitioner has sought from the respondents. As per Ext.P6 it was informed that the students have not been admitted after allotment from the rank list prepared by the Commissioner for Entrance Examinations. The petitioner filed an appeal before the Government which was disposed of by Ext.P9, with certain directions. But the third respondent again declined the benefits by Ext.P11 reply, reiterating the stand taken in Ext.P6.

(2.) Learned counsel for the petitioner submitted that the legal issue is covered in favour of the petitioner by the decision of a Division Bench of this Court in Akhil P. Pushkar v. State of Kerala (ILR 2012 (4) Ker. 99). After elaborately considering the matter in the light of Articles 15(4), 15(5), 16(4) and 46 of the Constitution of India, it was held thus in paragraphs 8 and 9:

(3.) As far as the petitioner is also concerned, she is entitled for the same benefits in the light of the declaration of law made by this Court.