Kerala High Court
Amala Jayan vs Union Of India 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.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
"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
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
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
