STATE OF KERALA Vs. DIVYA P

JUDGEMENT

(1.) W. A. No. 2420 of 1999 is preferred by State Government and the Commissioner for Entrance Examinations aggrieved by the interpretation given by the learned single Judge to Clause.5.3.3.(a) of the Prospectus dealing with annual income of the family. Petitioner in the O. P. belongs to Thiyya community, which comes under the Socially and Educationally Backward Classes (in short "SEBC"). On the basis of new rank list petitioner's rank is 1241. In the application form petitioner claimed admission in the quota ear marked for SEBC. She also obtained community certificate in the application form itself stating that she belongs to Thiyya Community. Income certificate from the Village Officer, Pallickal showing that her annual family income is Rs. 42,000/- was also obtained in the application form itself. According to her, eventhough she was entitled to get admission in the quota ear marked for SEBC she was not called for interview. She therefore approached this Court and filed O. P. No. 19060 of 1999 seeking a direction to the Commissioner for Entrance Examinations to interview her also treating her as a member of the SEBC. On the basis of the interim order passed by this Court, she was interviewed and was provisionally selected to M.B.B.S. Course in Academy of Medical Sciences, Pariyaram College, subject to further orders of this Court in O. P. No. 19060 of 1999.

(2.) O. P. No. 19060 of 1999 was finally heard by a learned single Judge of this Court. Learned Judge allowed the Writ Petition holding that petitioner is entitled to be considered under SEBC quota. Learned Judge observed that by Ext. P1 income certificate the Village Officer certified that the annual income of the petitioner's family is Rs. 42,000/-. Learned Judge took the view that persons whose annual income is upto Rs. 42,000/- are eligible to be considered in that category. State as well as the Commissioner for Entrance Examinations, aggrieved by the interpretation given by learned single Judge, have preferred the present appeal.

(3.) In order to appreciate rival contentions, it is necessary to examine the relevant provisions of the Prospectus. Prospectus issued by the Commissioner for Entrance Examinations sets out the rules and regulations for selection and admission to various Professional Courses in the State. Admission to various courses are regulated on the basis of merit as assessed in the common entrance examinations. Out of total seats to various courses, seats are also reserved for various categories including for members of SEBC. Claim for communal reservation under SEBC is provided in Clause.5.3.3 which is extracted below for easy reference.