Meera Lawerence vs State Of Kerala
2023 Latest Caselaw 3140 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                   WP(C) NO. 10153 OF 2023
PETITIONERS:

    1     MEERA LAWERENCE
          AGED 24 YEARS
          PANAGATTU HOUSE, KANNANKARA P.O, THANNERMUKKOM,
          ALAPPUZHA -688527, PIN - 688527
    2     AMALU CHACKO
          AGED 28 YEARS
          MADATHETTU HOUSE C/O S.H. CONVENT, PARATHOUDU P.O,
          EDAKKUNNAM KOTTAYAM -686512, PIN - 686512
    3     SWETHA A V
          AGED 21 YEARS
          PARATHODI HOUSE, CHELAKKAD P.O, KALLACHI,
          KOZHIKODE - 673506, PIN - 673506
    4     SARIKA K
          AGED 21 YEARS
          KADAKKATT HOUSE KAKKUR P O RAMALLUR NAMINDA (VIA)
          KOZHIKODE KERALA - 673613, PIN - 673613
    5     PARVATHI U V
          AGED 25 YEARS
          PUTHIYOTTIL HOUSE KAKKUR P O RAMALLUR NAMINDA
          (VIA) KOZHIKODE KERALA - 673613, PIN - 673613
          BY ADVS.K.RADHAKRISHNAN NAIR
          SAJEN THAMPAN
          SHYAM NAIR

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-, PIN - 682031
    2     COMMISSONER FOR GOVERNMENT EXAMINATIONS
          PAREEKSHABHAVAN, POOJAPPURA,
          THIRUVANANTHAPURAM 695 012
          BY ADV.ANTONY MUKKATH, SR. GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.10153/2023

                                    2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.10153 of 2023
              ----------------------------------------------
            Dated this the 23rd day of March, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or other appropriate writ or direction directing the respondents to make relaxation in cut off marks in K-TET examination not only based on caste-based reservation, but also on the basis of economic status particularly, for EWS. ii. Issue a writ in the nature of mandamus, order or direction or such other writ whereby directing the Respondents to incorporate reservation and relaxation in marks for the EWS in the ensuing examinations.

iii. Issue a writ in the nature of mandamus, order or direction or such other writ whereby declaring that the Petitioner is qualified in the K-TET examination falling under the EWS category. iv. Issue a writ in the nature of mandamus, order, direction or such other writ or order whereby declaring that candidates falling under the EWS category securing minimum marks equivalent to that of OBC as "Qualified" with effect from 14.01.2019.

WP(C).No.10153/2023

v. Dispense with filing of the translation of vernacular documents.

vi. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2. This Court already considered a similar issue in

W.P(C). No.4350/2023 and connected cases. It will be better

to extract the relevant portion of that judgment:

"2. Similar reliefs are prayed in the other writ petitions also. It is also submitted by the counsel for the petitioners that in W.P.(C)No.26131/2020, this Court passed an order and the same is produced as Ext.P12 in W.P.(C)No.736/2023. That interim order is extracted hereunder:

"The learned Senior Government Pleader seeks time to obtain instructions in this matter.

2. Sri.George Poonthottam, learned Senior Counsel, instructed by Sri.Alex M.Scaria, learned counsel for the petitioners, asserts that though the petitioners are entitled to the constitutional protection granted to Economically Weaker Sections (EWS), while publishing Exhibit P13 notification for the purpose of K-TET, the Government of Kerala has not made any reservation for the same. The learned Senior Counsel says that this is contrary to the constituional imperatives and therefore, that Exhibit P13 be set aside and the Government be directed to incorporate such reservation also in the process.

3. Even though I hear the learned Senior Counsel as afore and find some force in his submissions, it may not be justified for this Court to interdict process as notified through Exhibit P13 at this stage, particularly when the last date for making the applications is conceded to be 27.11.2020.

WP(C).No.10153/2023

I, therefore, clarify that even though the petitioners will be at liberty to apply in the general category, their claim for the benefit under the EWS will remain protected, subject to the decision in this writ petition."

3. Today when the matter came up for consideration, the learned Senior Government Pleader submitted that the matter of granting reservation to the EWS category in the K-TET examination is being examined in general aspect and is under active consideration of the Government. It is also submitted that the Director, SCERT has furnished a detailed report after examining the aspects in the context of NCTE guide lines and the Director General of Education has also recommended the proposal. Since the matter involve a policy decision to be taken by the Government, some more time is necessary, is the submission.

4. Counsel for the petitioner in W.P.

(C)No.736/2023 takes me through Ext.P10 notification issued by the Government in which the qualifying mark was mentioned for the general category, OBC and Physically Handicapped candidates. Unless necessary orders are passed by the Government immediately, there will be difficulty to the petitioners. Since there is a proposal pending before the Government, that may amounts to a legitimate expectation to the petitioners. Therefore, the Government has to decide the matter immediately. Hence, these writ petitions can be disposed of directing the Government to take a decision within a time frame.

WP(C).No.10153/2023

Therefore, these writ petitions are disposed of in the following manner:

i. The 1st respondent in these writ petitions is directed to finalize the decision about the granting of reservation and relaxation of marks for EWS category candidates in the K-TET examination, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

ii. Till a decision is taken as directed above, the interim order, if any, passed in these writ petitions will continue."

In the light of the above order, no further order is

necessary. This writ petition is also disposed of in tune with

the judgment dated 14.03.2023 in W.P(C). No.4350/2023 and

connected cases.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.10153/2023

APPENDIX OF WP(C) 10153/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF THE 2ND PETITIONER IS WORKING AS A TEACHER IN S.M.G.U.P. SCHOOL, MELORAM FROM JUNE 2022 Exhibit P2 TRUE COPY OF THE CERTIFICATE OF DIPLOMA IN ELEMENTARY EDUCATION ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DATED 17.01.2023 Exhibit P3 TRUE COPY OF ISSUED OF THE CERTIFICATE OF DIPLOMA IN ELEMENTARY EDUCATION BY THE 1ST RESPONDENT TO THE 2ND PETITIONER DATED 18.12.2020 Exhibit P4 TRUE COPY OF ISSUED OF THE CERTIFICATE OF DIPLOMA IN ELEMENTARY EDUCATION BY THE 1ST RESPONDENT TO THE 3RD PETITIONER DATED 17.01.2023 Exhibit P5 TRUE COPY OF ISSUED OF THE CERTIFICATE OF DIPLOMA IN ELEMENTARY EDUCATION BY THE 1ST RESPONDENT TO THE 4TH PETITIONER DATED 17.01.2023 Exhibit P6 TRUE COPY OF ISSUED OF THE CERTIFICATE OF DIPLOMA IN ELEMENTARY EDUCATION BY THE 1ST RESPONDENT TO THE 5TH PETITIONER DATED 17.01.2023 Exhibit P7 TRUE COPY OF THE GAZETTE NOTIFICATION ISSUED BY THE 1ST RESPONDENT DATED 13.02.2020 Exhibit P7(a) TRUE TRANSLATION OF EXHIBIT P7 Exhibit P8 TRUE COPY OF THE NOTIFICATION IN RESPECT OF K-TET, OCTOBER, 2022 PUBLISHED BY THE 2ND RESPONDENT Exhibit P8(a) TRUE TRANSLATION OF EXHIBIT P8 Exhibit P9 TRUE COPY OF THE INCOME AND ASSETS CERTIFICATE OF THE 1ST PETITIONER ISSUED BY THE VILLAGE OFFICER, THANNERMUKKOM NORTH CHERTHALA DATED 08.11.2022 Exhibit P10 TRUE COPY OF THE EWS CERTIFICATE OF WP(C).No.10153/2023

THE 2ND PETITIONER ISSUED BY THE VILLAGE OFFICER, KANCHIYAR DATED 26.05.2022 Exhibit P11 TRUE COPY OF THE EWS CERTIFICATE OF THE 3RD PETITIONER ISSUED BY THE VILLAGE OFFICER, NADAPURAM DATED 17.03.2023 Exhibit P12 TRUE COPY OF THE EWS CERTIFICATE OF THE 4TH PETITIONER ISSUED BY THE VILLAGE OFFICER, KOZHIKODE DATED 25.01.2023 Exhibit P13 TRUE COPY OF THE EWS CERTIFICATE OF THE 5TH PETITIONER ISSUED BY THE VILLAGE OFFICER, KOZHIKODE DATED 18.03.2023 Exhibit P14 TRUE COPY OF THE EXAMINATION RESULTS OF K-TET, OCTOBER 2022 OF THE 1ST PETITIONER Exhibit P15 TRUE COPY OF THE EXAMINATION RESULTS OF K-TET, OCTOBER 2022 OF THE 2ND PETITIONER Exhibit P16 TRUE COPY OF EXAMINATION RESULTS OF K-

TET, OCTOBER 2022 OF 3RD PETITIONER Exhibit P17 TRUE COPY OF THE EXAMINATION RESULTS OF K-TET, OCTOBER 2022 OF THE 4TH PETITIONER Exhibit P18 TRUE COPY OF THE EXAMINATION RESULTS OF K-TET, OCTOBER 2022 OF THE 5TH PETITIONER