LALJYOTHI S. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE petitioner is aggrieved with the fact that the petitioner though a Scheduled Caste candidate high up in the rank was not granted the vacancy set apart for a SC candidate in the P.G. Dental course in the Government college by the 3rd respondent. The petitioner admittedly is a person who obtained the 5th rank among the SC candidates. The 1st rank holder is said to have been admitted in the All India Quota. The 2nd rank holder was the beneficiary of Ext. P6 judgment. Rank numbers 3 and 4 did not turn up for counselling. In such circumstance, one seat set apart for SC is entitled to be allotted to the petitioner, is the contention.

(2.) THE entire controversy arose since, in a writ petition filed in the year 2013, there was an interim order reserving one seat for the petitioner therein; (W.P.(C) No. 30863 of 2013). The claim in the said writ petition was that, the petitioner belonged to a Scheduled Tribe. One another person, specifically the 2nd rank holder in the admissions was also before this Court claiming allotment to the ST vacancy, if the petitioner in W.P.(C) No. 30863 of 2013 would not be eligible to be treated as an ST candidate, since then, there being no other available ST candidates, the seat had to be conceded to the SC candidates.

(3.) THE petitioner who had by then got herself admitted to the 4th respondent college, approached the Commissioner on 29.06.2015 with a claim to the said seat. However, the same was declined for reason of there being no, No Objection Certificate and Transfer Certificate from the 4th respondent, as also the original certificates which were in the custody of the 4th respondent. The petitioner claims the seat which according to her is rightfully due to her as the next rank holder among the SC candidates.