Kerala High Court
Hasinta Sarma vs The Directorate Of General ... on 1 October, 2021
WP(C) NO. 20883 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 20883 OF 2021
PETITIONER:
HASINTA SARMA(MINOR)
AGED 16 YEARS
BORN ON 22.2.2005, REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN HARI SARMA, AGED 47 YEARS, S/O.
ASOKAN, KARICHAPPILLY THARA, NJARAKKAL, VYPEEN-
682505.
BY ADVS.
MANU GOVIND
AYESHA MARIA JOHN
RESPONDENTS:
1 THE DIRECTORATE OF GENERAL EDUCATION
(HIGHER SECONDARY WING), REPRESENTED BY ITS
DIRECTOR, HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
2 THE TAHSILDAR,
KOCHI TALUK OFFICE, GROUND FLOOR, K B JACOB ROAD,
FORT KOCHI, PIN-682001.
3 THE GOVERNMENT VHSS,
NJARACKAL, VYPIN, KOCHI, KERALA-682505.
4 THE VILLAGE OFFICER,
NJARAKKAL VILLAGE OFFICE, NJARAKKAL, PIN-682505.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20883 OF 2021 2
JUDGMENT
The petitioner, a minor student, has approached this Court through
her father challenging Ext.P4 order issued by the 2nd respondent rejecting
her application for issuance of an Economically Weaker Section (EWS)
Certificate for producing the same before the 3rd respondent to get an
allotment of a Plus One seat for the academic year 2021-22 through the
Single Window Admission process.
2. The petitioner states that she has successfully passed her 10th
standard examination and she has been issued with Ext.P2 allotment letter
by the 1st respondent by including her in the EWS category. The petitioner
is required to produce an EWS certificate for the purpose of getting
admission. In the said circumstances, Ext.P3 application was filed by her
father on 25.09.2021 before the 3rd respondent. He also submitted a joint
declaration before the Village Officer. The Village Officer conducted an
enquiry and submitted a report before the 2nd respondent wherein it is
stated that the father of the petitioner was born and brought up as a Hindu
Pulaya and he later converted as a Jehovas Witness and the mother of the
petitioner is an Anglo Indian. On the basis of the said report Ext.P4 order
was issued rejecting the application. In the order rejecting the application,
it is stated that the father of the petitioner has converted into the Christian
community about 20 years back and to be entitled to the benefits of the said
community he has to be born in the said community itself. The petitioner
contends that the reasons stated in Ext.P4 to deny the EWS certificate is
untenable. It is contended that the 4th respondent had issued Ext.P5
income certificate on 06.07.2021 certifying that the annual family income of
the father of the petitioner is Rs.60,000/-. The petitioner also relies on the
Government order vide No.G.O.(P) No.1/2020/P&ARD dated 03/01/2020 and
contends that the Government had approved the recommendations of the
Commission constituted in connection with the implementation of 10%
reservation for economically weaker sections in general category in the State
which had recommended that persons who are not covered under the
Scheme of reservation for Scheduled Castes, Scheduled Tribes and OBC and
whose family has gross income upto Rs.4 lakhs are to be identified as
economically weaker sections for the benefit of reservation provided under
Clause (6) of Article 15 and Clause(6) of Article 16 of the Constitution.
According to the petitioner, she falls in the said category. It is contended
that the admission to those candidates who procured eligibility in the first
round of allotment is to end today at 5 pm. It is in the afore circumstances
that this Writ Petition is filed seeking directions.
3. In view of the urgency expressed by Sri.Manu Govind, the
matter is taken up for consideration. The learned Government Pleader was
directed to get instructions. With the consent of both sides, the matter is
taken up for disposal.
4. Sri.Manu, the learned counsel submitted that it would be
evident from the allotment details that the petitioner has been included in
the general category. She has not claimed any benefits either as a
Converted Christian or as a member of the OEC. Reliance is also placed on
Ext.P5 to bring home the point that the annual income of the family is less
than Rs.60,000/-. Rejection of the application filed by the petitioner for the
reason stated in Ext.P4 cannot be sustained contends the learned counsel.
5. The learned Government Pleader would refer to the orders
issued by the Government with regard to issuance of income and asset
certificates of economically weaker sections and it was argued that the
certificates can be issued to persons who belong to the unreserved category.
6. I have considered the submissions advanced. It is undisputed
that the father of the petitioner was born and brought up as a Hindu
Pulaya. About 20 years back he converted to Jehovas Witness and is a
Christian. Ext.P2 allotment details reveals that the petitioner has not
claimed any reservation in the OEC category. She has included herself in
the general category and in the column meant for OEC she has answered in
the negative. From Ext.P6 Government Order it appears that the
Government had approved the recommendations of the Commission along
with model rosters, formats of income and asset certificate, Anthyodaya
Annayojana and Priority Households Certificates to be produced by the
economically weaker sections for availing the benefit of reservation. In
Ext.P6, it has been stated thus under the head recommendations.
Recommendations.
i) persons who are not covered under the scheme of
reservations for scheduled castes, scheduled tribes and other
backward classes and whose family has gross annual income upto
Rs.4 lakhs (Rupees Four Lakhs only )are to be identified as
economically weaker sections for the benefit of reservations
provided under Clause(6) of Article 15 and Clause(6) of Article 16
of the Constitution of India.
The exceptions are also stated therein.
7. The petitioner will not fall within the category of the exceptions
mentioned in the order. On the other hand the annual income of the family
is less than 60,000/-. The petitioner has asserted that she has not claimed
any benefit due to being a member of a converted Christian or as a member
of Other Eligible Community. The only reason stated in Ext.P4 is that if the
petitioner seeks to avail the benefit of being a Jehovas Witness under the
Christian community, he has to be a Christian by birth. The petitioner was
born much after the conversion and the records before this Court do not
reveal that she had availed or that she has been conferred with any benefit
due to her being a member of the OEC. In that view of the matter, I am of
the considered opinion that Ext.P4 cannot be sustained. I hold that the
petitioner is entitled to the certificate as the annual income of the family is
Rs.60,000/- much below Rs.4 lakhs, the datum fixed in Ext.P6.
Resultantly, Ext.P4 is set aside. There will be a direction to the 3rd
respondent to provisionally allot one seat to the petitioner on the strength of
Ext.P2 and grant her admission. The 2nd respondent shall reconsider the
application and issue the certificate sought for by the petitioner within a
period of three weeks. The said certificate shall be produced before the 3rd
respondent who shall confirm the allotment and admission.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 20883/2021
PETITIONER'S EXHIBITS:
Exhibit P1 COPY OF THE PETITIONER'S SSLC RESULTS AS
DOWNLOADED FROM THE KERALARESULTS.NIC.IN
WEBSITE FOR THE DATA PROVIDED BY THE
BOARD OF PUBLIC EXAMINATIONS.
Exhibit P2 COPY OF THE ALLOTMENT LETTER GIVEN TO THE
PETITIONER FROM THE 1ST RESPONDENT DATED
23.9.2021.
Exhibit P3 COPY OF THE DECLARATION DATED 25.9.2021
MADE BY ALL THE FAMILY MEMBERS OF THE
PETITIONER BEFORE THE VILLAGE OFFICER,
NJARAKKAL.
Exhibit P4 COPY OF COMMUNICATION H13350/2021 DATED
28.9.2021 FROM THE 2ND RESPONDENT.
Exhibit P5 COPY OF THE INCOME CERTIFICATE DATED
6.7.2021 ISSUED BY THE VILLAGE OFFIER,
NJARAKKAL.
Exhibit P6 COPY OF G.O.(P)NO.1/2020/P&ARD DATED
3.1.2020.
RESPONDENTS' EXHIBITS:
NIL
