RAJAN OTHAYOTH Vs. ADMINISTRATOR

JUDGEMENT

(1.) THE petitioner is before this Court claiming selection to his daughter Anagha.R. under the reserved category to the MBBS Course, which reservation has been made by the State of Kerala and the sponsorship of which is to be made by the Lakshadweep Administration.

(2.) THE petitioner admittedly is a Central Government employee working in the Andamans Lakshadweep Harbour Works, who has been stationed at Lakshadweep from 1984 onwards. The petitioner's daughter having finished her Higher Secondary Course, applied for the MBBS course in the reserved quota, so reserved by the Central Government, for the Government and public sector employees stationed in Lakshadweep. The selection to such quota is made by an Entrance Examination conducted for the wards of such employees of the Government and public sector. The petitioner's daughter came 2nd in the said examination and, obviously, the 1st rank holder was nominated to the reserved category of wards of Government employees in Lakshadweep, for the professional course.

(3.) THE contention raised by the learned counsel for the petitioner was that the seat so reserved by the State Government has always been to the wards of Keralites as a class, residing and working in Lakshadweep and no discrimination can be made on the basis of their employment. It is also submitted that earlier Lakshadweep Harbour Employees' Union had filed a writ petition, wherein a learned Single Judge of this Court had passed Exhibit P5 interim order and the persons similarly situated as the petitioner and their wards were considered for the reserved category after Exhibit P5 interim order. However, the writ petition having been dismissed for default, later the Lakshadweep Administration reverted back to the system prevailing after Exhibit P4 amendment. It is the strenuous contention of the learned counsel for the petitioner that Exhibit P4 could not have been brought in by the Lakshadweep Administration, since the reservation is made by the Kerala Government and the authority to make sponsorship alone is granted to the Administration. Such authority cannot extend to amendment of the rule of reservation as such, is the contention.