MAHIN NOUSHAD Vs. THE COMMISSIONER OF ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) THESE writ petitions are filed by the candidates who have appeared for Kerala Entrance Examinations for Professional courses. The grievances of the petitioners are that even though they are entitled for the reservation, they have been denied reservation on account of the fact that certain candidates belonging to the respective community who otherwise would come under the open category have been considered as as reserved category candidates on account of the option exercised by them in relation to the reserved seats in the professional colleges.

(2.) IN the writ petition 16452/2014 it was pointed out that there are 630 seats in open category for MBBS course. Certain candidates who belonged to Muslim community who will come within the 630 seats for open category are now placed in the reservation. The petitioner points out that this is on account of non preparation of separate list for open category and reserved category.

(3.) IN this matter statement was filed by the Government. Since statement is not clear as to the offsetting of the allotment of certain reserved categories candidates, who by rank would have included in the open category, this Court as per order dated 16.9.2014 directed the Government to file a statement. Thereafter an additional affidavit was filed on 26.9.2014. In the additional statement it is stated that as per Government Order No. 122/98/H.Edn. dated 7.10.1998, Government ensured that reserved category candidates who would have come under the open merit list will be treated as open category for computing percentage of the reservation. It is categorically stated that no candidates who is otherwise entitled to get admission in open category has been allotted under the reserved category earmarked for Muslim and Eazhava quota. It is to be noted that earlier statement filed by the Government shows that certain candidates are included in the reserved category, even though they would have been otherwise considered as an open merit candidate considering the last rank in the open merit. The details of those candidates are found in Annexure R1(b). It is seen from Annexures R1(c) to R1(d) produced along with additional affidavit filed by the 1st respondent, these candidates have been treated as State Merit candidates.