ABHISHEK SUDARSANAN Vs. VILLAGE OFFICER

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who is a candidate participated in the National Eligibility cum Entrance Test (NEET) for admission to Under Graduate Medical courses conducted by the C.B.S.E. The claim of the petitioner is that, he belongs to 'Thandan' community, which is included in the Scheduled Castes, and petitioner's father, grand-father and great grand-father etc. are also belonging to Thandan community. It is also the claim of the petitioner that, himself and his ancestors were born and brought up as Thandan by their parents. Petitioner along with his parents are permanently residing within the limits of Kottakkal Village Office, Tirur Taluk, Malappuram District. According to the petitioner, petitioner's father was previously at Keralasseri Village, Palakkad Taluk and District.

(2.) On 04.02.2017, petitioner submitted an application for Community certificate, Nativity Certificate and Income Certificate through online, before the Village Officer, Kottakkal to apply for the medical courses in the community quota, evident from Exts.P1 to P3 respectively. On 11.02.2017, petitioner received a message from the Village Officer, Kottakkal, stating that community certificate is kept pending. It was further informed that, documentary evidence and caste proof are required in order to proceed with the application. According to the petitioner, thereupon, petitioner's father on 14.02.2017 submitted several documents to prove that petitioner belongs to 'Thandan' community, and therefore, entitled to get the benefits of the Scheduled Caste, evident from Ext.P4.

(3.) Petitioner's application was forwarded to Keralasseri Village, Palakkad District. It is also the case of the petitioner that, thereafter also, father of the petitioner approached the Village Officer and submitted Ext.P5 application along with all necessary documents. However, the community certificate is not issued by the respondents. According to the petitioner, even though Nativity and Income certificates are issued, community certificate is not so far issued. Petitioner has also produced Ext.P8 message sent through mobile phone by the 1st respondent, stating that application for community certificate is kept pending. Thereupon, petitioner has submitted an online application to the 5th respondent on 24.02.2017 and other steps were taken in order to secure the community certificate. It is also submitted that, petitioner's father is issued with Ext.P11 certificate, stating that he belongs to Thandan community, as per the directions issued in O.P.(C) No.6493 of 1995 dated 23.08.1995. The appeal preferred against the said judgment was dismissed as per Ext.P12. It is the further case of the petitioner that, the amendment made in the year 2007 is not applicable to the petitioner's case, since he belongs to original Thandan community and not a Thiyya or Ezhava community. Petitioner has also produced Exts.P13 to P16 copies of school admission register of petitioner's grand- father's sisters Kallianikutty, Ammalu, Karthyayini and brother Balakrishnan. So also, Exts.P17 and P18 certificates are issued to petitioner's father.