Kerala High Court
Basanth Mudi vs State Of Kerala on 29 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 18680 OF 2024
PETITIONER:
BASANTH MUDI
AGED 21 YEARS
S/O HIREN MUDI NOW RESIDING AT PLANTHARAYIL, PERISSERY,
CHENGANNUR,ALAPPUZHA, PIN - 689126
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001,
PIN - 695001
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
3 THE COMMISSIONER OF EXAMINATIONS
GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPURA,
THIRUVANANTHAPURAM, PIN - 695012
BY ADV
ADV NISHA BOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18680 OF 2024
2
JUDGMENT
The petitioner being aggrieved by the denial of his caste
benefits to which the petitioner is entitled for, has approached this
Court seeking the following reliefs:
"a) To Call for all records Leading up to Exhibit
P7 and Quash the same by issuing a Writ of
Certiorari or any other Writ or Order.
b) To declare that the Petitioner is entitled to
get his Caste corrected as per Ext-P2& P3 in Ext-
P4 S.S.L.Certificate.
c) To Issue a Writ of mandamus or any Other
Writ or Order directing the 1st Respondent to
Consider and Pass Orders on Ext- P8.
d) To pass such other Orders as this Hon'ble
Court may think proper for the effective
adjudication of the Case."
The grievance highlighted in writ petition is that, the petitioner who
is a native of West Bengal belongs to 'KORA' caste which is
recognized as the Scheduled Tribe by the State Government of West
Bengal. The petitioner, however, completed school studies in
Kerala and in the school certificates, the Scheduled Tribe status of
the petitioner has not been mentioned. Even though an application
WP(C) NO. 18680 OF 2024
has been submitted for correcting the same, it was rejected as per
Ext.P7. Being aggrieved by the same, the petitioner submitted
Ext.P8 statutory appeal before the first respondent, which is now
pending consideration. The limited prayer sought by the petitioner
is for a direction to the first respondent to take up Ext.P8 and pass
appropriate orders.
After hearing the petitioner and the learned Government
Pleader, this writ petition is disposed of, directing the first
respondent to take up Ext.P8 and to pass appropriate orders thereon,
within a period of four months from the date of receipt of a copy of
this judgment, after hearing the petitioner.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 18680 OF 2024
APPENDIX OF WP(C) 18680/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE
ISSUED BY THE DEPARTMENT OF
HEALTH&FAMILY WELFARE, WEST BENGAL
DATED 13/12/2004
Exhibit P 2 TRUE COPY OF THE CASTE CERTIFICATE NO
WB0502ST2021052780 ISSUED BY THE
GOVERNMENT OF WEST BENGAL DATED
31/12/2021
Exhibit P3 TRUE COPY OF THE EXTRACT OF ADMISSION
REGISTER ISSUED FROM U.P.S PERISSERY
Exhibit P4 TRUE COPY OF THE S.S.L CERTIFICATE
WITH REGISTER NO-284882 ISSUED TO THE
PETITIONER
Exhibit P5 TRUE COPY OF THE APPLICATION MADE BY
THE PETITIONER DATED 2/3/2023
Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE
SCHOOL HEADMASTER DATED 2-3-2023
Exhibit P7 TRUE COPY OF THE ORDER DATED 13/3/2023
PASSED BY THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE APPEAL DATED
18/3/2024 FILED BEFORE THE 1ST
RESPONDENT
