Ajeena K.G v. Controller of Entrance Examination and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 21[ST] DAY OF OCTOBER 2022 / 29TH ASWINA, 1944** ## **WP(C) NO. 31580 OF 2022** ## **PETITIONER/S:** AJEENA K.G AGED 18 YEARS D/O GEORGE, PETITIONER RESIDING AT KIZHAKKETHIL HOUSE, PATTIKKAD, THRISSUR, PIN - 680652 BY ADVS. P.M.MANOJ P.ANTO THOMAS HAMZATH ALI V.K. ## **RESPONDENT/S:** 1 THE CONTROLLER OF ENTRANCE EXAMINATION 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 2 SCREENING COMMITTEE OFFICE OF THE CONTROLLER OF ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS CONVENER., PIN - 695001 3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 THE KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTE AND TRIBES (KIRTADS) CHEVAYUR, KOZHIKODE, REPRESENTED BY ITS DIRECTOR, PIN - 673017 5 THE VIGILANCE OFFICER THE KERALA INSTITUTE FOR RESEARCH, TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTE AND TRIBES (KIRTADS) CHEVAYUR, KOZHIKODE, PIN - 673017 6 THE DIRECTOR DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASOM STREET, FORT P.O. THIRUVANANTHAPURAM, PIN - 695023 7 THE PRINCIPAL W.P.(C) No.31580 of 2022 -2- GOVERNMENT ENGNEERING COLLEGE, RAMAVARMAPURAM, THRISSUR, PIN - 680009 8 THE TAHSILDAR TALUK OFFICE, THRISSUR, PIN - 680001 9 TRIBAL DEVELOPMENT OFFICER TRIBAL DEVELOPMENT OFFICE, MINI CIVIL STATION, CHALAKKUDI, THRISSUR, PIN - 680307 BY ADV GOVERNMENT PLEADER ## **OTHER PRESENT:** Spl. Gp Latha Thankappan **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON** **20.10.2022, THE COURT ON 21.10.2022 DELIVERED THE FOLLOWING:** W.P.(C) No.31580 of 2022 -3- ## **JUDGMENT** Dated this the 21[st] day of October, 2022 The petitioner appeared for KEAM-2022 and obtained allotment for Chemical Engineering in Thrissur Engineering College in the Scheduled Tribe reservation quota. In Ext.P8 allotment memo, it was specifically indicated that the admission will be strictly provisional and subject to verification report of KIRTADS. While so, the petitioner received a communication from the Controller of Entrance Examination/second respondent, requiring the petitioner to appear before the second respondent on 27.09.2022 as part of an enquiry being conducted for deciding Scheduled Tribe status. Based on the enquiry conducted, the 5[th] respondent Vigilance Officer (KIRTADS) submitted Ext.P9 report, finding the petitioner being a member of the Scheduled Tribe ## W.P.(C) No.31580 of 2022 -4- (Malai Arayan Community) to be false. Relying on Ext.P9 report, the petitioner is being considered as a general category candidate and directed to pay the prescribed fee. On being considered as a general candidate, the petitioner lost her chance for allotment also. Aggrieved, the writ petition is filed. After filing of the writ petition, petitioner was served with Ext.P13 order of the first respondent, rejecting her claim as a Scheduled Tribe candidate. The writ petition was thereupon amended and now contains the following reliefs; _“(a) Issue a writ of certiorari or any other appropriate writ or order calling for the records leading to Exhibit P9, P11 and P13 and quash the same._ _b) Issue a writ of mandamus or any other appropriate writ or order directing the 1st and 2nd respondents to confirm the status provided in Exhibit P8 declaring that the petitioner is belong to Scheduled Tribe on the basis of_ W.P.(C) No.31580 of 2022 -5- _Exhibits P2 and P6 Statutory Certificates issued by the competent authority under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificate Act 1996._ _c) Issue a writ of mandamus or any other appropriate writ or order directing the 1[st] and 7[th] respondents to keep a seat vacant in the engineering stream allotted to Scheduled Tribe Community as per admission process of KEAM 2022 in any discipline._ _d) issue any other order as this honorable court deems fit and proper in the facts nd circumstances of the case and also that are prayed for during the pendency the WP(C)._ _e) Dispense with the filing of translation of Vernacular Documents.”_ 2. Adv.P.M.Manoj, learned Counsel for the petitioner submitted that the petitioner's mother belongs to the Malai Arayan Community. Her maternal grandparents had migrated from Melukauv in Kottayam District to Thrissur. The petitioner's father is a Christian by religion and a member of the Pentecostal mission. To prove W.P.(C) No.31580 of 2022 -6- the petitioner's caste status, reliance is placed on Ext.P1(b) caste certificate of petitioner's mother dated 13.10.1999 and Ext.P2 certificate of the petitioner, of the Tahsildar, Thrissur dated 04.06.2018. Reference is made to Ext.P4; copy of petitioner's bank passbook, to submit that the petitioner underwent higher secondary education availing the concessions and grants available for Scheduled Tribe students. It is contended that insofar as the petitioner's mother belongs to the Scheduled Tribe, the legitimate benefits due to the petitioner cannot be denied by reason of her father being a Christian. It is argued that, Pentecostal mission is not a caste, but only a denomination or rather, a way of life. It is strenuously argued that in the light of Ext.P6 community certificate issued by the competent authority after due verification, the contrary finding in Ext.P9 based on surmises and conjunctures, that too without considering the W.P.(C) No.31580 of 2022 -7- documentary evidence submitted by the petitioner, is liable to be ignored. 3. Adv. Latha T.Thankappan, learned Special Government Pleader contended that in the light of the conclusive findings in Ext.P9, community certificates issued by the revenue authorities have lost their relevance. If aggrieved by Ext.P9, the petitioner has an effective remedy of appeal under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. It is contended that by reason of the petitioner's mother being born as the member of the scheduled tribe, the petitioner will not be entitled for Scheduled Tribe status in the absence of proof that she is living in the milieu and circumstances of her mother's community. It is pointed out that the maximum number of bogus Scheduled Tribe claims is with respect to Christian Malai Arayas of Melukavu region. The W.P.(C) No.31580 of 2022 -8- innumerable bogus claims had prompted the enquiry into petitioner's claim. 4. The prime contention urged on behalf of the petitioner is that her mother belongs to Christian Malai Arayan community, which is a scheduled tribe. Therefore, for reason of the petitioner's father being a Christian and a member of the Pentecostal mission, petitioner will not lose her Scheduled Caste status. In Ext.P9, there is clear finding to the effect that the marriage between petitioner's parents was solemnized at Alppara Pentecostal Church according to the customs of the Christian religion and Pentecostal denomination. The petitioner was baptized in the church and her name is entered in the baptism register. 5. The grant of community certificate is governed by various Government orders. As per G.O.(MS) No.109/2008/SC/STDD dated 20.11.2008, the competent authority is bound to issue SC/ST ## W.P.(C) No.31580 of 2022 -9- community certificate to the children born to inter-caste married couple, if one of the parents is Scheduled Caste/Scheduled Tribe. Before issuing the certificate, it has to be ensured that the claimant was subjected to the same social disabilities and is also following the same customs and traditions and that the community had accepted that person to its fold. 6. The finding in Ext.P9 is that the petitioner's father's family accepted her mother as one among their peer family members. The petitioner's mother is following the customs and rituals and beliefs of the christian Pentecostal community. The petitioner did not suffer any disability socially, economically or educationally by virtue of being a member of the Malai Arayan Community. The clinching factor, as far as claim for Scheduled Tribe status is concerned, is proof that the claimant had suffered the deprivations, disabilities and -10- ## W.P.(C) No.31580 of 2022 handicaps of the community of which she claims to be a member. In _**Lavya A v. Director of Medical Education and others**_ **[** _**2014 (1) KHC 219]**_ , it is held that, issuance of community certificate by the competent authority is not conclusive, as the same is verifiable by the screening committee, which in turn, is based on the report of the expert agency. The Commissioner for Entrance Examinations for referring the matter to the Screening Committee, which in turn had called for a report from the Expert Agency, was upheld. 7. In the case at hand, the petitioner did not suffer the socio-economic disadvantages and disabilities, as a member of the Scheduled Tribe. The said findings are not rebutted by the petitioner, in Ext.P10 argument notes or even before this Court. Therefore, the petitioner should necessarily resort to her remedy of W.P.(C) No.31580 of 2022 **==> picture [23 x 8] intentionally omitted <==** challenging Ext.P9 report before the Scrutiny Committee. The writ petition is accordingly dismissed, without prejudice to the petitioner's right to pursue to her remedy under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificate Act, 1996. Sd/- **V.G.ARUN JUDGE** Scl/ W.P.(C) No.31580 of 2022 -12- ## **APPENDIX OF WP(C) 31580/2022** PETITIONER EXHIBITS |Exhibit P1|A TRUE COPY OF THE CERTIFICATE| |---|---| ||NO.C.C31/2009 DATED 12.03.2009| |Exhibit P1A|A TRUE COPY OF THE EXTRACT OF THE| ||FRONT PAGE OF SSLC BOOK OF| ||PETITIONER'S MOTHER| |Exhibit P1B|A TRUE COPY OF THE CERTIFICATE SHOWING| ||THE COMMUNITY OF THE PETITIONER'S| ||MOTHER HAVING NO.A10-23039/99/KDIS.| ||DATED 13.10.1999| |Exhibit P2|A TRUE COPY OF THE CASTE CERTIFICATE| ||NUMBER KDIS-20577/2018/A7 (R) DATED| ||04.06.2018| |Exhibit P3|A TRUE COPY OF THE CERTIFICATE ISSUED| ||BY THE BOARD OF HIGHER SECONDARY| ||EXAMINATIONS HAVING REGISTRATION| ||NUMBER 8187121 OF MARCH 2021| |Exhibit P4|A TRUE COPY OF THE EXTRACT OF THE BANK| ||PASS BOOK BY WHICH AVAILED E-GRANT| ||HAVING ACCOUNT NO:38620455645 WITH| ||THRISSUR AD BRANCH| |Exhibit P5|THE COPY OF THE TRANSFER CERTIFICATE| ||BEARING TC NO. 88/2021-22 DATED| ||07.08.2021| |Exhibit P6|A TRUE COPY OF THE COMMUNITY| ||CERTIFICATE NO. 54891892 DATED| ||25.02.2021 ISSUED BY THE TAHSILDAR| ||THRISSUR| |Exhibit P7|A TRUE COPY OF THE ALLOTMENT MEMO| ||HAVING ROLL NO: 167247 DATED| ||12.10.2021| |Exhibit P8|A TRUE COPY OF THE ALLOTMENT MEMO| ||HAVING ROLL NO: 168337 DATED| ||22.09.2022| |Exhibit P9|A TRUE COPY OF THE REPORT OF THE 5TH| ||RESPONDENT, VIGILANCE OFFICER, HAVING| ||NUMBER KTDS/492/2022 V 16.08.2022| |Exhibit P10|A TRUE COPY OF THE ARGUMENT NOTE| ||SUBMITTED BEFORE THE 2ND RESPONDENT| ||DATED 27.09.2022 WITHOUT ENCLOSURES| ## W.P.(C) No.31580 of 2022 ## -13- Exhibit P11 A TRUE COPY OF THE SCREEN SHOTS OF THE WEBPAGES OF THE 1ST RESPONDENT Exhibit P12 A TRUE COPY OF THE FEE PAYMENT FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2022 RECEIPT PRINTED ON 23.09.2022 Exhibit P13 A TRUE COPY OF THE ORDER NO. B3/521/2022/CEE DATED 29.09.2022 ISSUED BY THE 1ST AND 2ND RESPONDENT Exhibit P14 A TRUE COPY OF THE RELEVANT PAGES OF THE RESULT OF KERALA STATE MEDICAL RANK LIST 2022 OF KEAM 2022 (PROVISIONAL) TAKEN FROM THE WEBSITE OF THE 1ST RESPONDENT Exhibit P15 A TRUE COPY OF THE RELEVANT PAGES FROM THE KEAM CANDIDATE PORTAL AFTER THE PUBLICATION OF THE RESULT