FEABA WILSON and WILSON P.V. v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 25TH DAY OF JULY 2019 / 3RD SRAVANA, 1941** ## **WP(C).No.19418 of 2019** ## **PETITIONERS:** **1 FEABA WILSON AGED 18 YEARS D/O.WILSON .P.V., PANACHICKAL HOUSE, PRA1010,PAROTTUKONAM, NALANCHIRA P.O., TRIVANDRUM-695 015 2 WILSON.P.V., AGED 52 YEARS S/O. SIMON.A.K.A GEEVARGHESE, PANACHICKAL HOUSE, PRA1010, PAROTTUKONAM, NALANCHIRA P.O., TRIVANDRUM-695 015** **BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.D.JAYAKRISHNAN** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT, SCHEDULED**| ||**CASTE & SCHEDULED TRIBES DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT, TRIVANDRUM-695 001**| |**2**|**THE COMMISSIONER OF ENTRANCE EXAMINATIONS KERALA AND**| ||**THE CONVENOR,**| ||**SCREENING COMMITTEE, HOUSING BOARD BUILDING, SHANTI**| ||**NAGAR, TRIVANDRUM-695 001**| |**3**|**THE DIRECTOR,**| ||**DIRECTORATE OF SCHEDULED TRIBES DEVELOPMENT,**| ||**4TH FLOOR, VIKAS BHAVAN, TRIVANDRUM-695 033**| |**4**|**THE DIRECTOR,**| ||**DIRECTORATE OF KERALA INSTITUTE OF RESEARCH, TRAINING**| ||**AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND**| ||**SCHEDULED TRIBES (KIRTADS),CHEVAYUR, KOZHIKDE-673**| ||**017.**| WP(C).No.19418 of 2019 2 **5 THE CHAIRMAN, SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES, SCHEDULED CASTE & SCHEDULED TRIBES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001** **6 THE THAHSILDAR, THIRUVANANTHAPURAM TALUK OFFICE, TALUK OFFICE ROAD, EAST FORT, TRIVANDRUM-695 023** **SRI.K.V.PRAKASHAN,SPECIAL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.19418 of 2019 3 ## **JUDGMENT** This writ petition is filed by the petitioners seeking to quash Ext.P4 report of the Kerala Institute for Research, Training and Development Studies of Scheduled Castes and Scheduled Tribes (KIRTADS) and Ext.P6 order passed by the 2[nd] respondent dated 4.7.2019 declining Scheduled Tribe status to the 1[st] petitioner and thereby declining to consider the application submitted by the petitioner for Medical admission in the Scheduled Tribe quota. Brief material facts for the disposal of the writ petition are as follows; 2. Petitioners belong to Scheduled Tribe Mala Araya community. First petitioner is the daughter of the 2[nd] petitioner. First petitioner's allotment for KEAM - 2019 stands rejected relying on Ext.P4 report of the 4[th] respondent and consequentially Ext.P6 order is passed by the 2[nd] respondent. Case of the petitioners is that, evident from Exts.P7 to P17, the lineage of the petitioners as far back as the year 1876 are ignored and without taking into account any of the historical aspects and other factual circumstances, Ext.P4 report is drawn by the KIRTADS WP(C).No.19418 of 2019 4 stating that, 1[st] petitioner's mother belongs to Christian Marthoma Community and 1[st] petitioner has affinity to her mother's community. It is also stated in Ext.P4 report that, on evaluating the background facts individually, it is found that, 1[st] petitioner has not suffered disabilities of the Scheduled Tribe socially, economically and educationally. The findings were rendered by the KIRTADS taking into account various factual circumstances said to be unearthed in the enquiry proceedings. However, the case of the petitioners is that, none of the material documents or factual circumstances relied upon by the KIRTADS to draw Ext.P4 report was confronted with the petitioners and therefore, the report is arbitrary and illegal. That apart it is stated that, the Screening Committee has passed Ext.P6 order without conducting any independent enquiry and fully following Ext.P4 report of KIRTADS and therefore, Ext.P6 also suffers from the vice of arbitrariness and illegality. These are the background facts projected by the petitioners to secure the reliefs specified above. 3. A statement is filed for and on behalf of the 3[rd] respondent, stating that the stand adopted by the WP(C).No.19418 of 2019 5 KIRTADS as well as the Screening Committee is justified. According to the 3[rd] respondent, 1[st] petitioner was called for a personal hearing by the Screening Committee on 2.7.2019 and the parents of the 1[st] petitioner attended the hearing. The Screening Committee after due hearing, came to the conclusion that, 1[st] petitioner is an offspring of inter-caste married couple wherein her father belongs to Mala Araya Community and mother belongs to Christian Marthoma Community and 1[st] petitioner has affinity towards her mother's community i.e., Christian Marthoma. Moreover, 1[st] petitioner did not produce any documentary evidence of her ancestors' conversion to Christianity to prove the genuineness of her ST Mala Araya claim and in the above circumstances, the claim of the 1[st] petitioner for Scheduled Tribe caste cannot be accepted. That apart it is stated that, KIRTADS as well as Screening Committee has taken into account all the vital aspects that are required for consideration in order to arrive at the conclusions. That apart it is contended, if the 1[st] petitioner is aggrieved by the order of the Screening Committee, 1[st] petitioner has got a clear remedy to approach the Scrutiny WP(C).No.19418 of 2019 6 Committee in accordance with the provisions of Kerala Scheduled Caste and Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 and the Rules provided therein. 4. I have heard learned counsel for petitioners, learned Special Government Pleader appearing for the respondents and perused the pleadings and documents on record. 5. As is discussed above, the findings were rendered by the KIRTADS relying upon various factual circumstances and apparently some documents, to arrive at the conclusion. None of the factual circumstances collected by the KIRTADS and the documents secured were not furnished to the 1[st] petitioner in order to contest the proceedings by appropriate participation. The Screening Committee, apart from providing an opportunity of hearing to the 1[st] petitioner, has not undertaken any independent enquiry so as to arrive at a just and proper conclusion. 6. The issue with respect to the findings arrived at by the KIRTADS as well as the Screening Committee without providing an opportunity of participation to a candidate was considered by a learned Single Judge of WP(C).No.19418 of 2019 7 this court in **Lavya A. v. Director of Medical Education, Thiruvananthapuram and Others** [2014(1) KHC 290] and held that, as the enquiry conducted by the KIRTADS and the order passed by the Screening Committee were without confronting with the petitioner, the materials relied upon by the said authorities, cannot be sustained under law and the same was violative of the principles of natural justice and accordingly quashed the report of the KIRTADS as well as the Screening Committee. The said judgement was affirmed by a Division Bench of this Court in **Convenor, Screening** **Committee and Controller of Entrance Examinations v.** **Lavya** [2017(1)KLT 171]. Under similar circumstances, this court has also rendered a judgment in W.P.(C) No.18861/2019 and connected cases and passed a judgment dated 17.7.2019 quashing the proceedings of KIRTADS as well as the Screening Committee and directed to consider the application submitted by the petitioners therein in the category of Scheduled Tribe. In my considered opinion, the judgments rendered above squarely applies to the facts and circumstances involved in this writ petition also. 7. In that view of the matter, the writ petition WP(C).No.19418 of 2019 8 will stand allowed and there will be a direction to the Commissioner of Entrance Examinations to consider the application submitted by the 1[st] petitioner herein in the category of Scheduled Tribe and in accordance with law. Writ petition is allowed to the above extent. I also make it clear that, the issue with respect to the challenge that can be made against the order passed by the Screening Committee, before the Scrutiny Committee is left open to be adjudicated in an appropriately constituted proceedings. **Sd/-** ## **SHAJI P.CHALY** Smv 29.7.2019 **JUDGE** WP(C).No.19418 of 2019 9 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF 1ST PETITIONER'S PERSONAL DETAILS PAGE FROM THE WEBSITE OF THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF RESULT PAGE OF THE 1ST PETITIONER WITH APPLICATION NO.1102665 SHOWING THE MEDICAL AND PHARMACY RESULT EXHIBIT P3 TRUE COPY OF THE LETTER NO.V-1443/2019(596) DATED 21.05.2019 ISSUED BY THE VIGILANCE CELL OF THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF ANTHROPOLOGICAL REPORT NO.V1443/2019 (596)DATED 27.06.2019 EXHIBIT P5 TRUE COPY OF LETTER NO.B3.1112/2019/CEE DATED 13.05.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF LETTER NO.B3.1112/2019/(1) DATED 14.07.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF GENEALOGY SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF CERTIFICATE DATED 16.05.1991 ISSUED BY THE CHRIST CATHEDRAL, MELUKAVU SHOWING THE PATERNAL GENEALOGY OF THE 1ST PETITIONER UPTO PREVIOUS 5 (FIVE) GENERATIONS EXHIBIT P9 TRUE COPY OF CERTIFICATE ISSUED BY THE CSI CHURCH CATHEDRAL, MELUKAVU DATED 26.07.1996 EXHIBIT P10 TRUE COPY OF LETTER DATED 21.04.2019 ISSUED BY THE ST.JOHN'S CSI CHURCH,CHERIYAR EXHIBIT P11 TRUE COPY OF MR. SIMON.P.C'S EXTRACT OF ADMISSION REGISTER IN GOVERNMENT HIGH SCHOOL, AMBALAVAYAL EXHIBIT P12 TRUE COPY OF FORM OF CASTE CERTIFICATE FOR MALA ARAYAN CHRISTIAN NO.4629/10 DATED 08.03.2010 ISSUED BY THE TAHASILDAR, UDUMBANCHOLA TO MR.P.C.SIMON, THE 1ST** WP(C).No.19418 of 2019 10 ## **PETITIONER'S GRANDFATHER** **EXHIBIT P13 TRUE COPY OF FORM OF CASTE CERTIFICATE FOR MALA ARAYAN CHRISTIAN NO.05/97/C1 DATED 01.01.1997 ISSUED BY THE TAHASILDAR, UDUMBANCHOLA TO MRS.SOSAMMA SIMON, THE 1ST PETITIONER'S GRANDMOTHER** - **EXHIBIT P14 TRUE COPY OF THE FIRST PAGE OF THE 2ND PETITIONER'S SSLC BOOK** - **EXHIBIT P15 TRUE COPY OF CERTIFICATE NO.A9/32349/14/K.DIS DATED 12.06.2019 ISSUED TO THE 2ND PETITIONER BY THE 6TH RESPONDENT THAHASILDHAR, THIRUVANANTHAPURAM TALUK** - **EXHIBIT P16 TRUE COPY OF CERTIFICATE NO.37329638 DATED 07.10.2019 ISSUED TO THE 1ST PETITIONER BY THE 6TH RESPONDENT THAHASILDAR, THIRUVANANTHAPURAM TALUK OFFICE** - **EXHIBIT P17 TRUE COPY OF EXTRACT OF THE SCHOOL ADMISSION REGISTER OF THE 1ST PETITIONER IN ST.THOMAS RESIDENTIAL SCHOOL, TRIVANDRUM DATED 29.05.2019** **EXHIBIT P18 TRUE COPY OF KEAM 2015 ALLOTMENT MEMO DATED 09.07.2015 ISSUED TO THE 1ST PETITIONER'S BROTHER MR. FENIL P.WILSON EXHIBIT P19 TRUE COPY OF NOTICE NO.B3.644/2015/CEE (39) DATED 21.03.2019 ISSUED TO THE 1ST PETITIONER'S BROTHER MR.FENIL.P.WILSON EXHIBIT P20 TRUE COPY OF KEAM DATA SHEET DATED 06.07.2018 ISSUED TO THE 1ST PETITIONER**