IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 04TH DAY OF JANUARY 2021/14TH POUSHA, 1942
WP(C).No.24205 OF 2020(A)
PETITIONERS:
1 AMALA JAYAN,
AGED 18 YEARS (13.3.2002),
D/O. A.R. JAYAKUMAR, AMBATTUKUNNEL,
HNL QUARTERS NO.A-107/428,
NEWSPRINT NAGAR P.O., VELLOOR,
KOTTAYAM DISTRICT - 686616.
2 A.R.JAYAKUMAR,
AGED 51 YEARS,
S/O. RAMAKRISHNAN, AMBATTUKUNNEL,
HNL QUARTERS NO.A-107/428,
NEWSPRINT NAGAR P.O, VELLOOR,
KOTTAYAM DISTRICT - 686616.
BY ADVS.
SRI.ALIAS M.CHERIAN
SMT.ANJALY ELIAS
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF LABOUR AND EMPLOYMENT,
HEAD QUARTERS, ESIC, MEDICAL EDUCATION CELL,
PANCHEEP BHAVAN, CIG MARG, NEW DELHI - 110002.
2 THE EMPLOYEES STATE INSURANCE CORPORATION,
HEAD QUARTER OFFICE, PANCHDEEP BHAVAN,
CIG ROAD, NEW DELHI-110002,
REPRESENTED BY ITS DIRECTOR GENERAL.
3 THE DEPUTY DIRECTOR(ME),
MEDICAL EDUCATION CELL, HEAD QUARTERS,
ESIC, MEDICAL EDUCATION CELL,
PANCHEEP BHAVAN, CIG MARG,
NEW DELHI -110002.
WP(C) No.24205/2020
:2 :
4 THE BRANCH MANAGER,
BRANCH OFFICE,
EMPLOYEES STATE INSURANCE CORPORATION,
VELLOOR P O, VELLOOR,
KOTTAYAM DISTRICT - 686609.
5 THE TASILDAR,
TALUK OFFICE, VAIKOM,
VAIKOM P O, KOTTAYAM DISTRICT - 686141.
ADDL. 6 THE DIRECTOR GENERAL OF HEALTH SERCIES
NIRMAN BHAVAN, MAULANA AZAD ROAD,
NEWDELHI, DELHI-110011.
(ADDL R6 IMPLEADED AS PER ORDER DATED 27-11-
2020 IN IA NO.2/2020.)
R2-R4 BY SRI.T.V.AJAYAKUMAR, SC, ESI CORPN.
R2-R4 BY ADV. KUM.P.H.RIMJU
R1,R6 BY SRI P.VIJAYAKUMAR, ASGI
GOVERNMENT PLEADER - SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.24205/2020
:3 :
JUDGMENT
~~~~~~~~~ Dated this the 4th day of January, 2021 The petitioners have approached this Court seeking the following reliefs:-
"i) To issue a writ of mandamus or any other appropriate writs, directions or orders directing 4th respondent to forward Ext.P1/certificate to 2nd and 3rd respondents, for consideration of Ext.P2/application of 1st petitioner for allotting MBBS/BDS seat of Employees State Insurance Corporation Management Quota admission 2020-2021 under economically weaker section category.
ii) To issue a writ of mandamus or any other appropriate writs, directions or directing 2nd and 3rd respondents to consider Ext.P1/certificate submitted by the 1st petitioner for allotting MBBS/BDS seat of Employees State Insurance Corporation Management Quota admission 2020 under economically weaker section category."
2. When this writ petition came up for admission on 09.11.2020, this Court passed an interim order to the following effect:-
WP(C) No.24205/2020 :4 : "Admit.
Learned ASGI takes notice for 1st respondent. Learned Standing Counsel, Sri.T.V. Ajayakumar takes notice for respondents 2, 3 and 4. Learned th Government Pleader takes notice for 5 respondent.
There shall be a direction to the 4th respondent to forward Ext.P1 certificate to the competent among the respondents 2 and 3. There shall be a further direction to respondents 2 and 3 to consider the claim of the petitioner for allotment of seat, provisionally and subject to further orders. The petitioners to implead Director General of Health Services."
3. Learned counsel for the petitioners submits that pursuant to the interim order of this Court, the applications of the 1st petitioner has been considered.
4. The petitioners would submit that though for the purpose of applying and getting admission under the National Eligibility cum Entrance Test (NEET) under the EWS quota, an EWS certificate issued by the Village Officer is sufficient, for the purpose of getting reservation under the Wards of Insured Persons Quota of the ESIC, a certificate issued by the Tahsildar is required. The petitioners submitted that the 1st petitioner has made application before the Tahsildar which is acknowledged as per Ext.P4. The petitioners would submit WP(C) No.24205/2020 :5 : that they will be satisfied if a decision on Ext.P4 is communicated to them by the Tahsildar.
5. Learned Government Pleader would submit that the Tahsildar has made enquiries in the matter and has found that the 1st petitioner does not satisfy the eligibility criteria prescribed by the Central Government for the issuance of EWS certificate.
In the circumstances, the writ petition is disposed of directing the 5th respondent to consider the application submitted by the 1st petitioner for EWS certificate. If any decision is not taken by the 5th respondent, the 1st petitioner shall be given an opportunity of hearing before taking a final decision. If a final decision is taken by the Tahsildar in the matter, the same shall be communicated to the 1 st petitioner within a period of two weeks.
Sd/-
N. NAGARESH, JUDGE aks/04.01.2021 WP(C) No.24205/2020 :6 : APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF CERTIFICATE NO.833/2020 DATED 29.09.2020 ISSUED BY THE VILLAGE OFFICER, VELLOOR.
EXHIBIT P2 TRUE COPY OF APPLICATION NUMBER ESIC0000182 DATED NIL UPLOADED BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF RELEVANT PAGES ADMISSION NOTICE NO.L-11/12/3/UG-ADMISSION/2020- 21/MEC DATED 29.10.2020 ISSUED BY EMPLOYEES STATE INSURANCE CORPORATION.
EXHIBIT P4 TRUE COPY OF ACKNOWLEDGEMENT LETTER
DATED 17/7/2020 ISSUED BY 5TH
RESPONDENT/TASILDHAR
EXHIBIT P5 TRUE COPY OF SCORE CARD BEARING ROLL
NO.2807001025 ISSUED BY NATIONAL TESTING AGENCY DATED NIL EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF THE BROCHURE FOR NEET (UG)-2020 DATED NIL ISSUED BY NATIONAL TESTING AGENCY EXHIBIT P7 TRUE COPY OF NOTIFICATION BEARING G.O(P) NO.1/2020/P&ARD DATED 3/01/2020 ISSUED BY THE GOVERNMENT OF KERALA