C THANUJA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was an applicant for admission to the M.B.B.S. 1991-92 course. She appeared for the Medical Entrance Examination held on 29-6-1991 and secured rank No. 2548. She belongs to the Muslim community. At the time of making the application for admission, her father was alive. He was a Superintendent in the Kerala State Road Transport Corporation. The annual income of the petitioner's family at that time exceeded Rs. 20000/- and as such, she was not entitled to a seat in the quota reserved for Muslims. She had to take her chance only in the general merit pool.

(2.) Petitioner's father died on 7-6-1991 after the last date fixed for receipt of applications, namely 27-5-1991. On account of his death, and the non-availability of his salary thereafter, the future income of the family fell below Rs. 20000/-. Petitioner was otherwise qualified for admission to the M.B.B.S. course and since the income of the family after the father's demise fell below the limit, she became entitled to aspire for a seat in the quota reserved for Muslims. She made a representation dated 2-12-1991 before the Commissioner for Entrance Examinations, Thiruvananthapuram, a copy of which is Ext. P1, requesting for consideration of her case in the reservation quota for Muslims. No orders were forthcoming which resulted in the petitioner filing a writ petition O.P. No. 13283 of 1991 in this court. The said writ petition was disposed of on 19-12-1991 at the admission stage by the judgement Ext. P2 in which this court directed the respondents to consider the representation Ext. P1 with reference to the income of the family as on 7-6-1991, and consider whether she was entitled to admission. It was also observed that the petitioner will be free to appear before "the competent authority" and place her submissions before him.

(3.) The second respondent thereafter passed the order Ext. P3 on 6-2-1992 rejecting the petitioner's claim. He stated that the results of the Entrance Examination held on 29-6-1991 were published on 12-8-1991. Petitioner has not submitted any income certificate or claimed any seat in the reservation quota at the time she submitted her application. Such production was also of no avail to her as the income of the family was above the limit prescribed by the government at that time. The father's death on 7-6-1991 did not bring about any change in the position as the last date for receipt of applications was 27-5-1991, on which date the petitioner was not eligible for a seat in the reservation quota having regard to the income of the family. The second respondent therefore rejected the petitioner's representation as devoid of merit.