Sofiya.C.A vs State Of Kerala
2022 Latest Caselaw 768 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                          WP(C) NO. 687 OF 2022
PETITIONER:

              SOFIYA.C.A
              AGED 42 YEARS
              W/O. MUJEEB REHMAN, MANNITTUTHARA, EZHUKKARA P.O.
              NORTH PARAVOOR 683 513.
              BY ADV M.R.SUDHEENDRAN


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY,
              ELECTRONICS AND INFORMATION TECHNOLOGY, (C) DEPARTMENT,
              TRIVANDRUM 695 001.
     2        THE DIRECTOR,
              AKSHAYA STAE PROJECT OFFICE,
              SAANKETHIKA, IIND FLOOR, VRINDAVAN GARDENS, PATTOM P.O.,
              TRIVANDRUM 695 004.
     3        THE DISTRICT PROJECT MANAGER,
              AKSHAYA DISTRICT PROJECT OFFICE, AKSHAYA APARTMENT,
              NEAR CIVIL STATION, KAKKANAD, ERNAKULAM 682 030.

              SRI. APPU P.S, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 687 OF 2022                 2




                             JUDGMENT

Dated this the 17th day of January, 2022

The petitioner states that by Ext.P1 order, the

Government has sanctioned Akshaya Centres at various

places including one in Ezhikkara Grama Panchayat in

Ernakulam District. The petitioner submitted an application to

run the Akshaya Centre in Ezhikkara Grama Panchayat. That

application is pending.

2. Now, the respondents have issued Ext.P4 order to

the effect that the said Akshaya Centre in Ezhikkara Grama

Panchayat is reserved for Scheduled Caste/Scheduled Tribe

(SC/ST). The grievance of the petitioner is that out of the two

Akshaya Kendras in the area, there is already one run by an

SC Candidate. If the second Akshaya Kendra is also reserved

for SC Candidate, that will amount to excess reservation. In

such circumstances, the petitioner filed Ext.P7 representation

before the 1st respondent.

3. When this writ petition came up for admission today,

it was submitted on behalf of the petitioner that, the petitioner

will be satisfied if a direction is given to the 1 st respondent to

consider Ext.P7 representation.

4. The learned Government Pleader submits that if an

Akshaya Kendra is earmarked for SC/ST Candidate, then

applications from Open Category will be considered only in the

absence of applicants from Scheduled Caste/Scheduled Tribe

Candidates. The petitioner's application can be considered for

newly sanctioned Akshaya Kendra at Ezhikkara Grama

Panchayat, provided there are no eligible applicants from

SC/ST Communities.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The grievance projected by the petitioner is that out

of the two Akshaya Kendras sanctioned in the area, one is

already run by a candidate belonging to SC Community and if

the other newly sanctioned Akshaya Kendra is also reserved

for SC Candidate, that will amount to excess reservation in the

area in question.

7. I find that the petitioner has already submitted

Ext.P7 representation before the 1st respondent in this regard.

This is a matter to be considered by the 1st respondent.

Therefore, the writ petition can be disposed of directing the 1 st

respondent to consider the grievance raised by the petitioner in

Ext.P7 representation.

Accordingly, the writ petition is disposed of directing the

1st respondent to consider Ext.P7 representation submitted by

the petitioner and pass appropriate orders thereon, within a

period of two months.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 687/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER DTD. 05/01/2019 ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 A TRUE COPY OF THE DECISION NO. 10/1 DATED 31/01/2019 OF EHIKKARA GRAMA PANCHAYATH.

Exhibit P3 A TRUE COPY OF THE REQUEST DATED 01/08/2020 SUBMITTED BY THE PETITIONER ALONG WITH ITS FORWARDING LETTER DATED 01/08/2020.

Exhibit P4 A TRUE COPY OF THE REPLY DATED 30/11/2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 A TRUE COPY OF THE GO (MS) NO.

17/2007/ITD DATED 31.7.2007.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 01/12/2021 SUBMITTED BY THE PETITIONER. Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 3/1/2021 SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO. 1 WITH COPY TO 2ND RESPONDENT.

RESPONDENT'S EXHIBITS            NIL