LAWS(KER)-1993-11-9

BIJUMON Vs. COMMISSIONER FOR ENTRANCE EXAMINATION

Decided On November 15, 1993
BIJUMON Appellant
V/S
COMMISSIONER FOR ENTRANCE EXAMINATION Respondents

JUDGEMENT

(1.) In these four original petitions common questions are raised. I heard all the counsels for the petitioners and the Government Pleader and I dispose of these petitions by a common judgment.

(2.) All these petitioners seek admission to M.B.B.S. Course against the seats reserved for scheduled caste. The petitioners have passed the entrance examination conducted for admission to M.B.B.S./B.D.S./BVSc./Agriculture Course for 1993-94. Petitioners are children of inter caste married couple. According to these petitioners they are to be treated as scheduled caste for the purpose of reservation to admission to M.B.B.S. Course. In each of the petitioners' case one of the parents belongs to a caste included in the list of scheduled caste.

(3.) In O.P. 15163/93 petitioner's father Dr.C.B. Viswambaran belongs to Hindu-Pulaya community which is included in the list of scheduled caste. Petitioner's mother C.U. Anna is a member of the Syrian Catholic community. It seems that the petitioner was brought up as a member of the Roman Catholic Community. In the SSLC book of the petitioner his caste name is mentioned as Syrian Catholic. The 5th respondent conducted an anthropological study and filed Ext. P4 report and it shows that the field enquiry revealed that the candidate is identified as a Christian. Petitioners brother Visal is a student of the Arts College, Trivandrum. His caste name is also mentioned as Syrian Catholic. Petitioner appeared for M.B.B.S. course during 1992-93 under open-quota and he could not secure admission.