ASHMIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The grievance projected by the petitioners in both these cases is almost similar. The main prayer is to give admission to the first year MBBS course 2017 - '18 in the respondent college or elsewhere, based on the community status and the rank position of the petitioners in the common entrance test.

(2.) The petitioner in W.P.(C) No. 30976 of 2017 is claiming a Muslim minority quota seat, having secured the rank of 26429 in the All India NEET Examinations - Kerala list. Though she could not succeed to get admission in the final round of counselling, she offered a chance to participate in the 'spot admission' scheduled on 28.08.2017, as evident from Ext. P1 spot admission slip dated 28.08.2017. The seat matrix in the respondent Institution was finalized by the first respondent/Government as per Ext. P2 Government Order dated 29.07.2017. The petitioner being a minority community candidate, produced Ext. P4 certificate issued by the Revenue authorities showing her status and eligibility to get admission as a minority candidate. As per Ext. P2, the eligibility as a Muslim community candidate was to be proved by a certificate issued by the Revenue authority. However, the Muslim community seats were sub classified as allocable to the 'Kerala Jama-Ath Federation' or the 'Kerala Sunni Jama-Ath Union' and the seats were divided in between accordingly. It was also stipulated that Certificate from the Kerala Jama-Ath Federation Kollam or the Sunni Jama-Ath Union should be produced to establish the sub-class status, which according to the petitioner was quite wrong and illegal, as no sub classification was possible within the community of Muslim. While so, the first respondent/Government issued Ext. P5 Government Order dated 03.08.2017 cancelling Ext. P2 Government Order dated 29.07.2017. As per Ext. P5 Government Order dated 03.08.2017, the minority status was to be proved by Certificate issued from the Revenue authorities. It is stated that though the petitioner had obtained Ext.P6 certificate dated 02.08.2017 issued form the Kerala Muslim Jama-Ath, Kollam substantiating her sub-class eligibility, it was not produced, in view of Ext.P5 Government Order dated 03.08.2017, stipulating the requirement of producing Certificate issued by the Revenue Authority.

(3.) In the meanwhile, an interim order was passed by this Court on 10.08.2017 in W.P.(C) No. 26238 and 26366 of 2017 virtually interdicting Ext. P5 Government Order dated 03.08.2017 stipulating that the certificate issued by the Revenue Authority alone will be accepted to prove the community status. This was mainly based on the contention put forth before this Court that the benefit of reservation provided was to the particular community, who runs the Institution and that the right of the Institution to prescribe 'such other conditions' was reserved by the Apex Court as per order dated 09.05.2017 in W.P.(C) No. 267 of 2017 and connected cases, while considering the challenge raised against the orders passed by the competent authority to conduct common counselling with the involvement of the State/Commissioner for Entrance Examinations. Based on the said order, Ext. P7 order/notification came to be issued by the second respondent on 15.08.2017 and this was followed by such other proceedings as well. The crux of the case of the petitioner is that no sub classification within the community is possible and hence she has approached this Court with the following prayers: