JERRY JOSEPH Vs. COMMR. OF ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) These writ petitions have been filed seeking a direction to the Commissioner for Entrance Examinations to accept the community and income certificates issued by the Village Officers concerned and to give admission to the applicants under the quota earmarked for Socially and Educationally Backward Classes (in short 'SEBC') to the Professional Degree Courses for the year 1999.

(2.) Commissioner for Entrance Examinations published Prospectus for admission to Professional Degree Courses (Engineering, Medical and Agricultural Courses) 1999. Prospectus sets out the rules and regulations for selection and admission to the various professional courses in the State. Prospectus also provided for reservation of seats for different categories of which we are concerned with Clause.4.1(d) which deals with mandatory reservation, particularly Clause.4.1.4 which says that leaving the seats set apart for the All India Quota, Government of India Nominees, Special Reserved Quotas, Management Quota and NRI Quota, if any, the remaining seats for each course will be distributed as per the mandatory reservation principle contemplated in G.O.(P) 208/66/Edn. dated 2-5-1966 as modified from time to time. All together 25% of the seats are earmarked for SEBC out of which 9% is reserved for members of the Ezhava community, 8% for muslim community, 2% for Latin Catholic Other than Anglo Indian, 1 % for Other Backward Christian and 5% for Other Backward Hindu.

(3.) Claim for communal reservation is also specifically provided in Clause.5.3. Clause.5.3.3 deals with claim for communal reservation under SEBC which says that candidates claiming reservation under SEBC should invariably produce both community and income certificates obtained from the concerned in the body of the application form itself. With regard to income certificate it is stated that the candidates belong to SCBC whose annual family income (ie. annual income of all members in the family from all sources taken together) is below Rs.42,000/- are eligible for reservation under the said item. Note to Clause.5.3.3. says that salary excluding DA, HRA, Special Pay, Deputation Pay/Allowances, etc. will be reckoned for calculating total income. In cases wherein portion of DA has been merged with Pay declaration will be filed by the persons concerned. TA/PTA Honorarium for Special work etc. will be excluded for calculating salary income. Reference was also made in the Note to G.O.MS.No. 192/85/RD dated 23-3-1985.