DIYA MAHESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who belongs to Ezhava community is aspiring to get admission for MBBS course against the seats reserved for socially and educationally backward classes. Only candidates coming within the Non Creamy Layer strata of the said classes are entitled to reservation for admission. A certificate from the competent authority that the candidate falls under the Non Creamy Layer strata of the community concerned is, therefore, mandatory for securing admission. The petitioner though applied for Non Creamy Layer Certificate, her application was not considered. She has, therefore, approached this Court in this writ petition. As per the interim order dated 15.1.2016, this Court directed the third respondent to pass orders on the application submitted by the petitioner for Non Creamy Layer Certificate. Pursuant to the said interim order, the application submitted by the petitioner has been considered and rejected by the third respondent, as per Ext.P6 communication. The petitioner, thereupon, amended the writ petition and incorporated pleadings challenging Ext.P6 communication as well. The essence of the prayers in the amended writ petition is for a direction to the second respondent to issue Non Creamy Layer Certificate sought by the petitioner.

(2.) A counter affidavit has been filed in the matter by the second respondent. The stand taken by the second respondent in the counter affidavit is that the rejection of the application of the petitioner for Non Creamy Layer Certificate is in accordance with Ext.P4 guidelines issued by the State Government.

(3.) Heard the learned counsel for the petitioner as also the learned Government Pleader.