ARUN Vs. COMMISSIONER FOR ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) The first petitioner in W.P.(C) No.11926 of 2017 is the father of the second petitioner therein. The second petitioner in the said writ petition and the petitioner in W.P.(C) No.14852 of 2017 have applied for allotment of seats for admission to MBBS course pursuant to an invitation made by the Commissioner for Entrance Examinations of the State Government. It is provided in the prospectus published by the Commissioner for Entrance Examinations in this connection that the applicants for allotment of seats will be categorised as 'Keralite', 'Non-Keralite I' and 'Non-Keralite II' and only candidates who fall under categories 'Keralite' and 'Non-Keralite I' will be considered for allotment of seats for MBBS course. The prospectus provides that a candidate of Kerala origin will be categorised as a 'Keralite' for the purpose of allotment. The case of the petitioners is that they are persons of Kerala origin, nevertheless, they are not being considered as persons of Kerala origin for allotment of seats for MBBS course on account of their inability to produce the documents insisted in terms of the prospectus to establish the said fact. It is also the case of the petitioners that since candidates of Kerala origin would not fall under the category 'Non-Keralite I' in terms of the prospectus, they can claim allotment of seats for MBBS course only if they are considered as candidates of Kerala origin coming under the category 'Keralite'. The documents insisted in terms of the prospectus to establish the origin of the candidates are documents which would show that the candidates or either of their parents are born in Kerala. According to the petitioners, the provisions in the prospectus dealing with the particulars of the documents to be produced by candidates to establish that they are persons of Kerala origin is discriminative and violative of Articles 14 and 15 of the Constitution. The petitioners, therefore, seek, among others, a declaration that clause 6.1.1 of the prospectus, dealing with the certificates to be produced by the candidates to establish their origin is unconstitutional and violative of Articles 14 and 15 of the Constitution.

(2.) A counter affidavit has been filed by the Commissioner for Entrance Examinations supporting the terms incorporated in the prospectus.

(3.) Heard the learned Senior Counsel for the petitioners as also the learned Government Pleader for the respondents.