M.K. RADHIKA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS in these cases are Doctors who are working in various departments of the State. They have all participated in the examination conducted by the National Board of Examinations (for short 'NBE') in the All India Post Graduate Medical Entrance Examination - 2014. As far as service candidates are concerned, 40% seats are reserved for them, out of which 35% is allotted to Scheduled Caste, Scheduled Tribe and Socially and Economically Backward Community (SEBC). Leaving apart certain seats for SC/ST, 9% of the remaining seats under State quota is reserved for the candidates belonging to SEBC. The percentage break up of the seats between different communities are also specified in the Prospectus.

(2.) PETITIONERS in W.P.C. Nos.5704, 7501 and 8553 challenge Clause 6 -5.3 of the Prospectus which reads as under:

(3.) IN W.P.C. Nos.6564/2014 and 7806/2014, the candidates seek for a further declaration that the petitioners belonging to Araya/Dheevara community, which is a sub caste of traditional fisherman community, are entitled for the benefit of SEBC reservation without any income limit as stipulated in Clauses 6.5.3 and 6.5.4. In addition to the contentions urged by other petitioners, it is submitted that their community is included for reservation for identifying non -creamy layer. Exts.P6 and P7 Government orders are relied upon to contend that they have been included in the non -creamy layer community. In Ext.P6, it is inter alia stated that sub caste of fisherman community is excluded from the creamy layer mentioned in paragraph 4(2). It is further indicated at Clause 14 of Ext.P6 that "These orders will apply to all Government departments / Organisations / Institutions / Public Sector Undertakings/ Government Owned Companies / Co -operative societies/ Autonomous bodies, etc. to which the principles of reservation are applicable." Ext.P7 is a Government order relating to reservation of OBC candidates in appointments to Government services. It is inter alia stated that creamy layer status of a candidate is determined on the basis of the income of parents and not on the basis of income of the candidate or his spouse.