Kerala High Court
Anjana.C vs State Of Kerala on 4 January, 2021
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.20509 OF 2019(K)
PETITIONER:
ANJANA.C,
AGED 19 YEARS,
CHOLAYIL HOUSE, CHOONDALE ESTATE,
CHOONDALE P.O.,
WAYANAD DISTRICT - 673123
BY ADVS.
SRI.M.R.ANISON
SMT.V.BHARGAVI (PANANGAD)
SMT.P.A.RINUSA
RESPONDENTS:
1 STATE OF KERALA,
REP. BY ITS SECRETARY TO GOVERNMENT,
SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE SCRUTINY COMMITTEE FOR VERIFICATION OF
COMMUNITY CERTIFICATES,
REP. BY ITS CHAIRMAN AND THE SECRETARY TO
GOVERNMENT,
SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE VIGILANCE CELL OF THE KERALA
INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT
STUDIES FOR SCHEDULED CASTES AND SCHEDULED
TRIBES, (KIRTADS),
REP. BY ITS VIGILANCE OFFICER,
DIRECTORATE OF KIRTADS, KOZHIKODE - 673 017.
WP(C) No.20509/2019
:2 :
4 THE TAHSILDAR,
VYTHIRI TALUK, WAYANAD DISTRICT-673576.
GOVERNMENT PLEADER SRI. M.K.ROBIN RAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.01.2021, ALONG WITH WP(C).12922/2020(M), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.20509/2019
:3 :
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.12922 OF 2020(M)
PETITIONERS:
ANJANA.C,
CHOLAYIL HOUSE, CHOONDALE ESTATE,
CHOONDALE P.O., WAYANAD DISTRICT-673 123
BY ADVS.
SRI.M.R.ANISON
SMT.V.BHARGAVI (PANANGAD)
SMT.P.A.RINUSA
RESPONDENTS:
1 STATE OF KERALA,
REP. BY ITS SECRETARY TO GOVERNMENT,
SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 SCRUTINY COMMITTEE FOR VERIFICATION OF
COMMUNITY CERTIFICATES,
REP BY ITS CHAIRMAN AND THE
SECRETARY TO GOVERNMENT,
SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
3 THE VIGILANCE CELL OF THE KERALA INSTITUTE
FOR RESEARCH TRAINING AND DEVELOPMENT
STUDIES FORSCHEDULED CASTES AND
SCHEDULED TRIBES,(KIRTADS),
REP. BY ITS VIGILANCE OFFICER,
DIRECTORATE OF KIRTADS, KOZHIKODE-673 017
WP(C) No.20509/2019
:4 :
4 THE TAHSILDAR,
VYTHIRI TALUK, WAYANAD DISTRICT-673 576
5 THE SCREENING COMMITTEE FOR VERIFICATION OF
COMMUNITY CERTIFICATES,
REPRESENTED BY ITS CONVENER,
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001
6 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001
BY GOVERNMENT PLEADER SRI.M.K.ROBIN RAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.01.2021, ALONG WITH WP(C).20509/2019(K), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.20509/2019
:5 :
N. NAGARESH, J.
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W.P.(C) Nos.20509 of 2019 and 12922 of 2020
`````````````````````````````````````````````````````````````
Dated this the 4th day of January, 2021
JUDGMENT
~~~~~~~~~
These writ petitions have been filed by the same
petitioner, based on the same issue. Therefore, these writ
petitions are heard together and disposed of by a common
judgment. W.P.(C) No.20509/2019 has been filed seeking to
quash Ext.P27 Report of Vigilance Officer, Directorate of
KIRTADS, Ext.P30 order of the Scrutiny Committee for
Verification of Community Certificates and Ext.P31 order of
the Additional Secretary to Government of Kerala. W.P.(C)
No.12922/2020 has been filed seeking to quash Exts.P3, P4
and P16 reports. The petitioner also seeks to quash Ext.P17
order and Ext.P19 report. The parties and documents are
WP(C) No.20509/2019
referred to in this judgment as they appear in WP(C)
No.12922/2020.
2. According to the petitioner, her paternal ancestors
belonged to ''Puthirai Vannan'' community and migrated from
Tamil Nadu to Kerala before the year 1930 and settled at
Moongalar Estate in Idukki District. As per the Constitution
Scheduled Castes Order, the community Puthirai Vannan is a
Scheduled Caste in both the States of Tamil Nadu and Kerala.
The grandfathers of the petitioner had no elementary
education. In Ext.P1 School Admission Register in respect of
the petitioner's father, the community is shown as Puthirai
Vannan in the year 1979. The petitioner's mother belonged to
Nair Community. Father was employed in Harrison Company
and was transferred to Wayanad. The family was residing in
quarters, in Wayanad District ever since.
3. The petitioner's father purchased property in
Wayanad District utilising funds made available to members of
the Scheduled Caste. For the sale deed, stamp duty was
exempted since the petitioner's father belonged to Scheduled
WP(C) No.20509/2019
Caste. The petitioner has been continuously enjoying the
benefits available to the members of the Scheduled Castes
since her birth. In the year 2018, the petitioner applied for
Medical Entrance Examination. The Screening Committee
suspected veracity of community certificate issued to the
petitioner by the Tahsildar and referred the issue to the
Vigilance Cell of the Screening Committee. The petitioner
appeared before the Screening Committee.
4. The Screening Committee as per Section 6 of the
Kerala (Scheduled Castes and Scheduled Tribes) Regulation
of Issue of Community Certificates Act, 1996 accepted the
report of KIRTADS and rejected the Scheduled Caste claim of
the petitioner, as per Ext.P3 order. Invoking Section 6(2) of
the Act,1996, the Screening Committee rejected the
application of the petitioner for admission to Professional
Degree Courses, 2018. The petitioner challenged Ext. P3
order filing W.P(C) No.27606/2018. The said writ petition was
disposed of directing the 2nd respondent to consider the
Revision Petition filed by the petitioner.
WP(C) No.20509/2019
5. By Ext.P4 order dated 04.07.2019, the Screening
Committee again rejected the Scheduled Caste claim of the
petitioner and application for admission to Professional
Degree Course, 2019. The petitioner filed W.P.(C)
No.19215/2019, challenging Ext.P4 report of the Screening
Committee. The said writ petition was disposed of as per
Ext.P5 judgment dated 07.08.2019, wherein this Court granted
liberty to the petitioner to approach the Scrutiny Committee.
The Scrutiny Committee was directed to examine the
grievance of the petitioner. This Court further directed that
copies of all reports/documents relied upon by the Scrutiny
Committee shall be made available to the petitioner.
6. The 2nd respondent-Scrutiny Committee again
rejected the claim of the petitioner as per an order dated
15.07.2019. A consequential order was also passed on
16.07.2019, rejecting petitioner's Scheduled Caste status.
These orders are under challenge in W.P.(C) No.20509/2019.
Based on Ext.P5 judgment, the 2nd respondent heard the
petitioner on 03.09.2019. The petitioner produced additional
WP(C) No.20509/2019
documents including certificate issued by local MLA, letter
issued by the President of Vandiperiyar Panchayat, Ward
Member, Chairman, Health and Education Standing
Committee and two other local residents. Exts.P11 to P13
Community Certificates issued to the petitioner's family
members were also produced. The Scrutiny Committee
however issued Ext.P16 order dated 20.02.2020 holding that
none of the documents submitted by the petitioner are
sufficient to change the decision of the Committee and there is
no reason to disagree with the findings of KIRTADS. The
Scheduled Castes and Scheduled Tribes Development
Department, Government of Kerala, consequently issued
Ext.P17 order dated 22.06.2020 clarifying as follows:-
"(i) Kum.Anjana C., D/o.Isakkimuthu S.,
Cholayil House, Choondale Estate, Choondale P.O.,
Wayanad and her sibling do not belong to Scheduled
Caste (Puthirai Vannan) community.
(ii) She/her sibling will not be eligible for any
of the benefits exclusively intended for members of
the Scheduled Castes. If she/her siblings had availed
any benefits meant for member of the Scheduled
Castes, all such benefits will be stopped.
(iii) Schedule Caste Certificates will not be
issued to her/her sibling hereinafter. All the
WP(C) No.20509/2019
Scheduled Caste certificates secured by her/her
sibling, are treated as cancelled.
(iv) If she/her sibling got appointment/admission
on consideration as member of Scheduled Caste
community, it will be cancelled and another eligible
member of the Scheduled Caste community will be
admitted against the resultant vacancy."
The petitioner has also challenged Ext.P19 order dated
04.04.2019 of the Vigilance Officer-in-Charge, Directorate of
KIRTADS, by which the claim of the petitioner stands rejected.
7. The respondents resisted the writ petition filing
counter affidavit. The respondents submitted that according
to the Anthropological Report submitted by the Vigilance Cell,
KIRTADS, the petitioner is an offspring of an inter-caste
married couple. Her father originally was a native of Idukki
District, belonged to Puthirai Vannan community of Tamil
Nadu and her mother, a resident of Wayanad District,
belonged to Nair community in Kerala. On 05.04.2019, the
Scrutiny Committee heard the petitioner. After considering all
the documents, the Scrutiny Committee found no reason to
disagree with the report of the expert agency and hence
rejected the Scheduled Caste (Puthirai Vannan) claim of the
WP(C) No.20509/2019
petitioner.
8. As the petitioner raised grievances relating to
non-consideration of 34 documents produced by her to prove
her caste status, the Scrutiny Committee again heard the
petitioner on 03.09.2019. Thereupon the Scrutiny Committee
decided to seek clarification from KIRTADS. After getting
report from KIRTADS, the Scrutiny Committee on 11.02.2020
found that there are no sufficient materials to hold that the
petitioner belonged to Scheduled Caste.
9. The respondents stated that petitioner's paternal
family belonged to Tirunelveli of Tamil Nadu and came to
Kerala after 1950. The paternal grandparents of the petitioner
are now staying in Moongalar Estate, Periyar Village, Idukki
District. The petitioner's father was transferred to Anchoor
Estate in Wayanad on 01.09.1995 and later to Choondale
Estate in the year 1997. In the year 1999, he married a Nair
woman. The genealogical and documentary evidence as well
as District Field Level Enquiry reveal that the claimant and her
family are living in Cholayil House Choondale, Wayanad and
WP(C) No.20509/2019
her socialisation process was in Wayanad District.
10. The respondents urged that the petitioner is living in
the milieu and circumstances of Nair community. The social
stigma and disabilities of the Puthirai Vannan community has
never been inflicted in the social setting they are in. The
petitioner is away from paternal culture and rites. The
Revenue Authorities issued community certificates without
going into the merits of the case and without conducting a
proper enquiry. In the circumstances, the petitioner cannot
legally claim the status of member of a Scheduled Caste
community. The writ petitions are therefore liable to be
dismissed, urged the respondents.
11. Heard the learned counsel for the petitioner and
learned Government Pleader appearing for the respondents.
12. The case of the petitioner is that her paternal
ancestors belonged to Puthirai Vannan Community.
According to the petitioner, the Puthirai Vannan community is
Scheduled Caste in Tamil Nadu from where the petitioner's
forefathers migrated, as well as in Kerala. The learned
WP(C) No.20509/2019
Government Pleader would contend that only if the petitioner's
ancestors belonged to Puthirai Vannan community in Tamil
Nadu and had migrated to Kerala prior to 1950, then alone the
petitioner can claim Schedule Caste status in Kerala. The
petitioner states that her forefathers migrated to Kerala before
the year 1930. This is seriously disputed by the respondents.
13. Ext.P1 extract of admission register of petitioner's
father would show that he was admitted in the School showing
that he belonged to Hindu Puthirai Vannan community with
Scheduled Caste status. The petitioner's father was admitted
to the school on 26.05.1975. Therefore, it is clear that the
petitioner's father was treated as belonging to Scheduled
Caste Puthirai Vannan community more than 45 years ago.
Still that may not be sufficient to show that the petitioner's
father actually belonged to Scheduled Caste. Because unless
the petitioner's forefathers migrated to Kerala prior to 1950,
the petitioner cannot claim that she belongs to Scheduled
Caste community of Puthirai Vannan in Kerala.
WP(C) No.20509/2019
14. The fact that the petitioner's father and the
petitioner were treated as belonging to Scheduled Caste
community at least from the year 1974, is undisputable. The
petitioner's father received financial support available only to
Scheduled Castes, for purchasing land. This is evident from
Ext.P2. A local MLA of Kalpetta in Wayanad District has
certified that the petitioner's father belonged to Puthirai
Vannan community eligible for Scheduled Caste benefits.
15. By Ext.P8 certificate, the Chairperson, Health and
Education Standing Committee of Vandiperiyar Grama
Panchayat has certified that the certifier's father had informed
her that the petitioner's forefathers were working in the
Moongalar Estate since 1930. Two natives of Moongalar
Estate have certified that they know the forefathers of the
petitioner and they were living as Puthirai Vannans following
their traditional avocation. The said two natives also certified
that they know other relatives of the father of the petitioner.
Ext.P5 Community Certificate dated 05.04.2005 (in W.P.(C)
No.20509/2019) issued to the petitioner's paternal
WP(C) No.20509/2019
grandmother would show that the Tahsildar, Peermadu
treated her as belonging to Scheduled Caste.
16. In Ext.P6 (in W.P(C) No.20509/2019), the President
of Vandiperiyar Grama Panchayat has certified that the
petitioner's father belongs to Puthirai Vannan community and
his ancestors have been following the traditional avocation of
the Community. Exts.P12, P13, P14 and P15 Community
Certificates and Exts.P17 to P19 certificates (in W.P(C)
No.20509) would show that the petitioner's siblings were also
given Schedule Caste Certificates by Tahsildar.
17. As regards the petitioner, she was issued Exts.P11,
P12, P13 and P14 certificates of the Tahsildars concerned
certifying that the petitioner belongs to Puthirai Vannan
Scheduled Caste community. Ext.P1 extract of school
admission register of the petitioner produced in W.P.(C)
No.20509/2019 would show that petitioner was admitted in a
school on 17.05.2006, as a Hindu Puthirai Vannan. Ext.P2
SSLC certificate also would show that the petitioner is a
Scheduled Caste belonging to Puthirai Vannan community.
WP(C) No.20509/2019
Therefore, it is beyond dispute that the authorities treated the
petitioner and her father as belonging to SC Puthirai Vannan
community at least since the year 1974.
18. Still, unless there is some evidence to show that the
forefathers of petitioner migrated from Tamil Nadu to Kerala
prior to 1950, the Scheduled Caste status of the petitioner can
not be confirmed. Under Section 9 of the Kerala (Scheduled
Castes and the Scheduled Tribes) Regulation of Issue of
Community Certificates Act, 1996, the KIRTADS, the Expert
Agency, is the authority competent to hold anthropological
study in respect of a person and to decide whether such
person belongs to Scheduled Caste or not. Though the
Screening Committee formed under the Act 1996 is competent
to decide on the caste status of a candidate for the purpose of
admission to professional courses, the designated authority to
decide caste status of a candidate is the expert agency
namely KIRTADS.
19. The findings of the Vigilance Cell of KIRTADS in
their Anthropological Report (Ext.P27 in W.P.(C)
WP(C) No.20509/2019
No.20509/2019) and Ext.P16 proceedings of the Scrutiny
Committee, as regards the petitioner, are as follows:-
1. In her immediate milieu, the petitioner is
considered as belonging to Nair community.
2. The paternal side of the petitioner who
belong to Puthirai Vannan community, came to
Kerala after 1950's.
3. The petitioner and her siblings are
brought up at her mother's place and according
to their rites.
4. The genealogical and documentary
evidences as well as the District Field Level
Enquiry reveals that their socialisation process
was in Wayanad District.
5. The claimant's paternal grand parents
still live in Idukki but the petitioner and her
mother have no connection with them. They
occasionally visit their paternal side.
These are the premises based on which the Expert Agency
found that the petitioner does not belong to Scheduled Caste
community.
WP(C) No.20509/2019
20. One reason given by the 2 nd respondent to decline
Scheduled Caste status to the petitioner is that the immediate
milieu of the petitioner shows that she belongs to Nair
community. There is nothing on record to show that the
petitioner followed the customs and practices of Nair
Community. Ext.P16 does not give any instances in that
regard. The only indication in this regard as found in Ext.P27
Anthropological report is that the marriage of petitioner's
father and mother was solemnised in a Devi Temple. The
said fact is not sufficient to hold that the petitioner or her father
followed the customs of Nair Community. This Court therefore
specifically required the learned Government Pleader to make
available the District Field Level Enquiry Report said to be
made in the case. However, the Government Pleader, on
instructions submitted that such a report is not available now.
Ext.P16 nowhere states as to how the petitioner was found to
be following the customs of Nair community.
21. The major reason advanced in Ext.P16 report to
deny Schedule Caste status to the petitioner, is that the
WP(C) No.20509/2019
grandparents of the petitioner migrated to Kerala only after
1950. In this regard also no materials are available. Neither
Ext.P16 nor the pleadings would indicate as to the basis on
which such a conclusion is arrived at. There is no material
whatsoever to show that with whom the officials in the enquiry
team made enquiries and on what basis the District Field
Level Enquiry Team came to the conclusion that the
grandparents of the petitioner migrated to Kerala only after
1950.
22. Ext.P8 certificate issued by the Chairman of
Standing Committee, Vandiperiyar Grama Panchayat would
disclose that the certifier's father had intimated the certifier
that the petitioner's forefathers migrated from Tamil Nadu to
Idukki in the year 1930. When such a certificate is made
available by the petitioner, one would normally expect that the
District Field Level Enquiry Team would approach the said
Chairman of Standing committee and would attempt to obtain
definitive information relating to the migration of the
petitioner's grandparents to Idukki District in the year 1930.
WP(C) No.20509/2019
No such attempt is seen to be made by the Enquiry Team.
23. The petitioner had also made available two
certificates (Exts.P9 and P10) given by natives of Idukki
District certifying that they know the forefathers of the
petitioner who were residing in Moongalar Estate and have
been carrying on with their traditional occupation. Had the
respondents or the District Field Level Enquiry Team made
any attempt to extract information from those two natives, the
respondents could have obtained some definitive information
relating to the year of migration of the petitioner's grandfathers
to Moongalar Estate. However no such attempt has been
made.
24. Therefore, it is evident that the 2 nd respondent has
not made any serious attempt to honestly study the
anthropological history of the petitioner. No enquiry worth
mentioning was made to find out as to the year of migration of
the petitioner's grandparents from Tamil Nadu to Kerala.
Apart from bald statements that the petitioner is following the
customs of Nair community, there is no material to show that
WP(C) No.20509/2019
as to which Nair custom the petitioner or her siblings were
following. Ext.P16 therefore lacks any factual foundation to
come to a conclusion that the petitioner does not belong to
Scheduled Caste community.
25. There are sufficient materials to show that the
petitioner's father was admitted in a school in the year 1974
showing that he belongs to Scheduled Caste community. For
the last 46 years, the petitioner's father, the petitioner and her
siblings were treated as Scheduled Caste and were extended
the benefits available to the community. When the petitioner
has produced prima facie materials to show that she belongs
to Scheduled Caste as her grandparents migrated to Kerala
much before 1950, the respondents cannot brush aside the
claim without a proper enquiry and study. Ext.P27
Anthropological Report (in W.P.(C) No.20509/2019) and
Ext.P16 proceedings of the Scrutiny Committee are devoid of
any substance. In the absence of any material, oral or
documentary, to support conclusions, Ext.P27 (in W.P.(C)
No.20509/2019) and Ext.P16 cannot stand the scrutiny of law.
WP(C) No.20509/2019
26. In the circumstances, the orders impugned in the
writ petitions are liable to be set aside. Exts.P27, P30 and
P31 in W.P.(C) No.20509/2019 and Exts.P3, P4, P16, P17
and P19 in W.P.(C) No.12922/2020 are therefore set aside.
The petitioner will be entitled to all consequential benefits.
The writ petitions are disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/21.12.2020
WP(C) No.20509/2019
APPENDIX OF WP(C) 20509/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXTRACT OF ADMISSION
REGISTER OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
PETITIONER'S S.S.L.C. BOOK.
EXHIBIT P3 TRUE COPY OF THE IDENTIFY CARD ISSUED
TO THE PETITIONER'S FATHER'S FATHER BY
THE ELECTION COMMISSION OF INDIA DATED
25.10.2006.
EXHIBIT P4 TRUE COPY OF THE COMMUNITY CERTIFICATE
OF DATED 17.02.2004 OF PETITIONER'S
PATERNAL GRANDFATHER.
EXHIBIT P5 TRUE COPY OF THE COMMUNITY CERTIFICATE
DATED 05.04.2005 OF PETITIONER'S
PATERNAL GRANDMOTHER.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED
20.03.2019 SUBMITTED BY THE PRESIDENT,
VANDIPERIYAR GRAMA PANCHAYAT.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED
19.03.2019 SUBMITTED BY THE WARD
MEMBER, MOONGALAR.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE DATED
19.03.2019 SUBMITTED BY THE SOCIAL
WORKER.
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE DATED
19.03.2019 SUBMITTED BY THE RATION
SHOP OWNER.
EXHIBIT P10 TRUE COPY OF THE REPORT DATED
09.07.2018 SUBMITTED BY THE VILLAGE
OFFICER, PERIYAR.
WP(C) No.20509/2019
EXHIBIT P11 TRUE COPY OF THE CERTIFICATE DATED
24.07.2018 SUBMITTED BY THE VILLAGE
OFFICER, CHUNDELE.
EXHIBIT P12 TRUE COPY OF THE COMMUNITY CERTIFICATE
DATED 18.03.2003 ISSUED BY THE
TAHSILDAR, PEERUMEDU TO PETITIONER'S
FATHER.
EXHIBIT P13 TRUE COPY OF THE COMMUNITY CERTIFICATE
DATED 05.05.2003 ISSUED BY THE
TAHSILDAR, VYTHIRI TO THE PETITIONER'S
FATHER.
EXHIBIT P14 TRUE COPY OF THE COMMUNITY CERTIFICATE
DATED 06.11.2004 ISSUED BY THE
TAHSILDAR, VYTHIRI TO PETITIONER'S
FATHER.
EXHIBIT P15 TRUE COPY OF THE EXTRACT OF ADMISSION
REGISTER OF PETITIONER'S FATHER ISSUED
BY THE HM, KPLPS, CHENKARA DATED
29.01.2019.
EXHIBIT P16 TRUE COPY OF THE TRANSFER ORDER DATED
08.08.1996 OF PETITIONER'S FATHER.
EXHIBIT P17 TRUE COPY OF THE EXTRACT OF ADMISSION
REGISTER OF PETITIONER'S SISTER DATED
03.05.2018.
EXHIBIT P18 TRUE COPY OF THE COMMUNITY CERTIFICATE
OF PETITIONER'S SISTER DATED
19.06.2013.
EXHIBIT P19 TRUE COPY OF THE COMMUNITY CERTIFICATE
DATED 03.05.2016 ISSUED TO THE
PETITIONER'S SISTER.
EXHIBIT P20 TRUE COPY OF THE COMMUNITY CERTIFICATE
DATED 02.05.2001 ISSUED BY THE IDUKKI
JILLA ALAKKU THOZHILALY UNION.
EXHIBIT P21 TRUE COPY OF THE AFFIDAVIT DATED
27.03.2019 SUBMITTED BY THE PRESIDENT
VYTHIRI GRAMA PANCHAYAT.
WP(C) No.20509/2019
EXHIBIT P22 TRUE COPY OF THE AFFIDAVIT OF WARD
MEMBER OF VYTHIRI GRAMA PANCHAYAT
DATED 03.12.2018.
EXHIBIT P23 TRUE COPY OF THE RESIDENTIAL
CERTIFICATE ISSUED BY THE SECRETARY
VYTHIRI GRAMA PANCHAYAT DATED
23.09.2005.
EXHIBIT P24 TRUE COPY OF THE RELEVANT PAGE OF
RATION CARD OF PETITIONER.
EXHIBIT P25 TRUE COPY OF THE AFFIDAVIT OF ALL
INDIA CONFEDERATION OF SC/ST
ORGANISATION DATED 01.08.2018.
EXHIBIT P26 TRUE COPY OF ORDER DATED 25.06.2018
ISSUED BY THE COMMISSIONER OF ENTRANCE
EXAMINATIONS.
EXHIBIT P27 TRUE COPY OF ANTHROPOLOGICAL REPORT
DATED 16.06.2018 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P28 TRUE COPY OF THE WRITTEN EXPLANATION
FILED BEFORE THE 2ND RESPONDENT DATED
03.04.2019 (EXCLUDING THE DOCUMENTS).
EXHIBIT P29 TRUE COPY OF ORDER DATED 04.07.2019
ISSUED BY THE COMMISSIONER FOR
ENTRANCE EXAMINATION.
EXHIBIT P30 TRUE COPY OF THE ORDER DATED
15.07.2019 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P31 TRUE COPY OF GOVT. ORDER DATED
16.07.2019 ISSUED BY THE 1ST
RESPONDENT.
WP(C) No.20509/2019
APPENDIX OF WP(C) 12922/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXTRACT OF SCHOOL
ADMISSION REGISTER DATED 26.05.1979
ISSUED BY THE SCHOOL AUTHORTY TO THE
PETITIONERS FATHER
EXHIBIT P2 TRUE COPY OF THE SALE DEED BEARING
NO.453/2005 OF SRO VYTHIRI DATED
28.03.2005
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
25.06.2018 ISSUED BY THE COMMISSIONER
OF ENTRANCE EXAMINATIONS
EXHIBIT P4 TRUE COPY OF THE ORDER NO.B3-1113/2019
(138) DATED 04.07.2019 ISSUED BY THE
6TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED
07.08.2019 IN W.P(C) NO.19215/2019 AND
CONNECTED CASE
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED
27.08.2019 ISSUED BY THE LOCAL MLA
EXHIBIT P7 TRUE COPY OF THE WRITTEN EXPLANATION
DATED 03.09.2019 BY THE PETITIONER
EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT DATED
19.03.2019 SUBMITTED BY THE
CHAIRPERSON HEALTH AND EDUCATION
STANDING COMMITTEE, VANDIPERIYAR GRAMA
PANCHAYAT
EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT BY MR.
MUTHAYYA, LOCAL RESIDENTS DATED
19.03.2019
EXHIBIT P10 TRUE COPY OF THE AFFIDAVIT DATED
19.03.2019 SUBMITTED BY MR.THANKACHAN
WP(C) No.20509/2019
EXHIBIT P11 TRUE COPY OF THE COMMUNITY CERTIFICATE
ISSUED BY THE TAHSILDAR, VYTHIRI, TO
THE PETITIONER DATED 04.05.2006
EXHIBIT P12 TRUE COPY OF THE COMMUNITY CERTIFICATE
TO THE PETITIONER DATED 14.05.2013
EXHIBIT P13 TRUE COPY OF THE COMMUNITY CERTIFICATE
TO THE PETITIONER DATED 23.06.2015
EXHIBIT P14 TRUE COPY OF THE COMMUNITY CERTIFICATE
TO THE PETITIONER DATED 21.02.2018
EXHIBIT P15 TRUE COPY OF THE RESIDENTIAL
CERTIFICATE DATED 23.09.2005 ISSUED BY
THE SECRETARY VYTHIRI GRAMA PANCHAYAT
TO THE PETITIONERS FATHER
EXHIBIT P16 A TRUE COPY OF THE ORDER DATED
20.02.2020 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P17 A TRUE COPY OF ORDER BEARING G.O.(MS)
NO.17/2020/SCSTDD, DATED 22.06.2020
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P18 A TRUE COPY OF THE LETTER DATED
22/1/2019 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
EXHIBIT P19 TRUE COPY OF THE REPORT DATED 4/4/2019
PREPARED BY THE 3RD RESPONDENT AND
FORWARDED TO THE 2ND RESPONDENT
(EXCLUDING THE DOCUMENTS ATTACHED
THEREWITH)
EXHIBIT P20 TRUE COPY OF THE ADMIT CARD ISSUED TO
THE PETITIONER DATED 07.07.2020.
EXHIBIT P21 TRUE COPY OF THE RELEVANT PAGES OF THE
PROFILE PUBLISHED IN THE WEBSITE OF
THE 6TH RESPONDENT.
EXHIBIT P22 A TRUE COPY OF THE SCORE CARD ISSUED
TO THE PETITIONER IN THE NEET-2020
EXAMINATION.
WP(C) No.20509/2019
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE ANTHROPOLOGICAL
ENQUIRY REPORT PREPARED BY KIRTADS
DATED 04/04/2019 REGARDING THE CASTE
STATUS OF ANJANA.C.
