SNEHA SREENIVASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant appeared for the entrance examination conducted by the respondents in 1995 for admission to the professional colleges in the State. She obtained rank No. 1157 in the general merit list for medical and allied courses. The appellant belongs to Hindu fishermen community (Arayas) classified as Dheevaras. According to the appellant, the second respondent published a brochure prelude to the common entrance examination 1995 which contains three appendices. Appendix I consists of the Scheduled Castes and Scheduled Tribes (SC/ST). Appendix II consists of the list of Other Eligible Communities (OEC). Appendix III consists of the list of Socially and Educationally Backward Communities (SEBC). The list of OEC includes Dheevara/Dheevaran and other allied names by which the above community is known in different parts of the State. By Ext. P-6 dated 1.3th March 1984 the Government ordered to include the following sub castes of Hindu Fishing Community in Kerala and Kudumbi community in the list of OEC.

(2.) Ext. P-9 produced by the petitioner along with CMP. No. 32224/95 is the prospectus for admission to M.B.B.S. and other allied courses for 1995-96. According to clause VIII of the prospectus the seats under each course as per mandatory reservation is given in Annexure II. The distribution of seats under Annexure II is as follows:

(3.) According to Clause.2 of Annexure II SEBC as per G.O. (P) 208/66/Edn., dated 2nd May, 1966 whose annual family income is below Rs. 42,000 only are eligible for reservation as per item 3 mentioned above. They should produce community certificate and income certificate in the pro forma given in the application. According to Clause.3 candidates belonging to SC/ST will produce a certificate from a revenue officer not below the rank of Tahsildar regarding their caste/community and those belonging to OEC/OBC and SEBC will produce a certificate from the Village Officer regarding their caste/community and family income in the form provided for the purpose in the application form itself. Clause.6 states that the seats unvaried by the S.C. candidates will go to the S.T. and vice versa. If there are still vacant seats, they will be filled by candidates from Other Eligible Community.