SINDHU Vs. COMMISSIONER OF ENTRANCE EXAMINATION

JUDGEMENT

(1.) The appellant/petitioner, a lecturer in the Department of Gastro Enterology in the Medical College, Thiruvananthapuram is a handicapped person with 50% disability. Her mother belongs to scheduled caste Hindu Thandan Community and father belongs to Nair community. As per the earlier Government Orders, the offsprings of intercaste married couple, in which one of the parents is a scheduled caste, were allowed to get the benefits admissible to scheduled castes and they were entitled to get reservation. Earlier, community certificate was also issued to the petitioner as 'Hindu Thandan'. Ext. P3 community certificate shows that she is a Hindu Thandan. However, by Ext. P4, the Government withdrew earlier orders enabling the offsprings of the intercaste married couple to be eligible for all concessions and reservations admissible to Scheduled Castes, Scheduled Tribes and Other Backward Classes if one of the parents belongs to the above communities. After Ext. P4, Government issued circulars and no such caste certificates are given for children of intercaste married people. Ext. P6 is the revised order dated 20.6.2005. Relevant part in Ext. P6 order dated 20.6.2005 is as follows:

(2.) Qualifying marks for the candidates in General Merit for Post Graduate Degree Medical Course is 50% and 10% relaxation is granted to Scheduled Caste/Scheduled Tribe Candidates and SEBC candidates. It is true that the appellant cannot apply in the reservation quota as her father belongs to Nair community and she is not a member of the scheduled caste community. Even though reservation is not applicable, she is entitled to get educational and monetary benefits as the case may be in view of Ext. P6. Here, the only educational benefit she claims is relaxation of 10% marks. The examination was conducted on 11.2.2006. The appellant secured 46% marks. Since she did not get the qualifying marks of 50% in the Entrance Examination, in Ext. P7 mark list it was endorsed as 'not qualified'. We are of the opinion that the petitioner is right in her contention that in view of Ext. P6 order she is entitled to get educational concession and consequently 10% relaxation of the marks. Therefore, endorsement in Ext. P7 that she is not qualified is not correct and that part is set aside. The appellant is qualified. As her father belongs to Nair community and mother belongs to scheduled caste, she is not entitled to get the benefit of reservation, but, she is entitled to get educational concession. If she is otherwise entitled to be selected on the basis of seniority in the Lecturer quota or disability, she should be given admission. Her admission to PG Degree Medical Course should not be denied only on the ground that she has not obtained the qualifying marks in the Entrance Examination.