DEEPTHY K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the daughter of an intercaste married couple. Her father belongs to Nair Community and mother" belongs to Perumannan Community which is a Scheduled Caste. She applied for admission to the professional degree courses (engineering, medical and agricultural), to the Commissioner for Entrance Examinations, 1999 claiming the benefit available to children of inter caste married couple. The Commissioner for Entrance Examinations rejected the claim and hence, she has approached this Court.

(2.) The Commissioner for Entrance Examinations published a prospectus for admission to the professional degree courses for the year, 1999. Petitioner submitted her application. In the application form in Column 11 she stated that she belongs to Perumannan Community, and also duly filed the community certificate by the Tahsildar, Thrissur. Clause.5. 3. 4. of the prospectus deals with the claim for reservation under Scheduled Caste/Scheduled Tribe quota. Candidates claiming reservation in the Scheduled Caste quota should obtain and produce along with the application a caste/community certificate in the prescribed form, attached to the application form. The claim for reservation under the Scheduled Caste/ Scheduled Tribe quota would be subject to verification and clearance by the Screening Committee constituted for that purpose by the Government by G. O. (Ms.) No. 23/89/SC/ST/DD, dated 22nd May 1989 and as authorised by S.6 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1997 (Act 11 of 1996).

(3.) The Screening Committee constituted by the Government verified the applications of candidates who claimed [reservation under Scheduled Caste/Scheduled Tribe quota for admission to the Engineering, Medical and Agricultural Courses for the year, 1999. On verification of the application of the petitioner, the Committee found her claim doubtful and referred the matter to the Vigilance Officer, KIRTADS for detailed anthropological enquiry.