KARTHIK M R , S/O RAMAN M M Vs. STATE OF KERALA; COMMISSIONER FOR ENTRANCE EXAMINATIONS; TAHASILDAR, TALUK OFFICE KUNNATHUNAD; VIGILANCE OFFICER, VIGILANCE CELL DIRECTORATE OF KIRTADS

JUDGEMENT

(1.) Petitioner is a candidate who has written the common entrance examination for medical courses in the year 2014. He claimed Scheduled Caste (SC) status as he belongs to Hindu-Parayan community. The Commissioner of Entrance Examination referred his application for enquiry by the Vigilance Officer of Kerala Institute for Research Training and Development Studies for Scheduled Castes and Scheduled Tribes (KIRTADS), Kozhikode. Petitioner was served with Ext.P9 dated 27/5/2014 enclosing Ext.P10 report of the Vigilance Officer calling upon him to show cause why he should not be considered for SC status. He was called upon to appear on 07/06/2014. Petitioner appeared on 07/06/2014 and explained that the report at Ext.P10 was not correct. His objection is Ext.P11. Along with the objection petitioner also produced certain documents as Exts.P12, P13 and P14. Petitioner was informed that he would be intimated about the outcome of the report within a few days. But he did not receive any intimation. Though the results were declared on 15/06/2014, petitioner's result was not declared. Hence the petitioner challenges Ext.P10 report and seeks a declaration that he belongs to SC community and also seeks a direction to 2nd respondent to declare his result in the medical entrance examination of 2014 and to give him admission treating him as a member of SC community. In the Vigilance report, Ext.P10, it is inter alia found that the candidate's paternal grand father belonged to Hindu-Paraya community whereas his paternal grand mother Mariya belonged to Christian community. Petitioner's father has married Daisy who belonged to Christian Syrian Catholic Community. Petitioner is therefore a person born to an offspring of inter-caste marriage.

(2.) It is contended by the petitioner that the finding in the report is absolutely wrong. There is no basis or material to indicate that the petitioner's paternal grand mother Maria belonged to Christian community and the said assumption has been made only based on her name which is common to members of Christian community. Ext.P4 is the community certificate issued to the petitioner showing his caste as Hindu Parayan. That apart, the materials produced before the Commissioner for entrance examination namely Exts.P12 to P14 clearly establishes the fact that the petitioner is brought up as a member of the scheduled caste community.

(3.) Statement is filed on behalf of the 2nd respondent inter alia supporting the stand taken in the KIRTADS report. It is contended that the candidate is born and brought up in the socio cultural background of non-scheduled caste Paraya community. The genealogical analysis and documentary evidence reveals that the candidate's paternal grand mother and maternal grand parents were following Christianity and do not belong to Paraya community. Petitioner's father is an offspring of an inter caste married couple of which mother is a member of Christian - Syrian catholic community. That apart, the candidate has not suffered any social discrimination or social disabilities of SC community.