JISHNU J Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner has passed Plus Two Course and applied for Entrance Examination conducted by the 2nd respondent, for the Professional Degree Course 2011, in the application prescribed for SC/ST quota, claiming reservation under the Scheduled Caste quota. The 3rd respondent conducted enquiry into the matter and passed Ext.P6 report, recommending that the petitioner is not eligible to get the Certificate, as a 'Scheduled Caste'. According to the petitioner, the 3rd respondent, while passing Ext.P6, overlooked the fact that the mother of the petitioner and her ancestors belonged to 'Hindu Cheramar' Community and the petitioner is also brought up as a 'Hindu'. Though, in Ext.P2, his Caste is mentioned as 'Christian Pulaya', he was following Hinduism for all social and personal purposes and the society has accepted him to their original fold of 'Hindu Cheramar' and he is living in the same social tenet. When he became major, he embraced Hinduism and for all official purpose, by Ext.P4 notification. Respondents 2 and 3 also have overlooked G.O.(Ms) No.109/2008/SCSTDD dated 20.11.2008, before passing Ext.P7 and Ext.P8. It is submitted that the finding in Ext.P6 is wrong and On the basis of Ext.P6, the 2nd respondent perverse. rejected the application of the petitioner for admission to Professional Degree Course, 2010, by Ext.P7. The petitioner has again applied before the 2. nd respondent, for Entrance Examination for the Professional Degree Courses, 2011 in the application prescribed for SC/ST quota, claiming reservation under Scheduled Caste quota. The said application also has been rejected by the 2nd respondent, by Ext.P8.2nd

(2.) According to the petitioner, the respondent has not applied his mind properly before passing Exts.P7 and Ext.P8. The finding in Ext.P6 that "the genealogical and documentary evidence mentioned above shows that the candidate and his parents were born and brought up in the socio - cultural background of Christianity" is not correct. The finding of the 3rd respondent is without any 3rd basis. The respondent, while passing Ext.P6, overlooked the fact that the mother of the petitioner and her ancestors belonged to 'Hindu Cheramar' Community and the petitioner is also brought up as 'Hindu'. Though, in Ext.P2, his Caste is mentioned as 'Christian Pulaya', he was following Hinduism for all social and personal purposes. It is with this grievance this Writ Petition is filed with a prayer to issue a writ of certiorari, calling for the records leading to Exts.P6, Ext.P7 and Ext.P8 and quash the same and to issue a writ of mandamus, directing respondents 1 to 3, to issue Community Certificate under the Kerala Scheduled Caste/Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 (hereinafter referred to as 'the Act'), to the petitioner as he belongs to 'Hindu Cheramar'.

(3.) Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.