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Sneha S vs The State Of Kerala
2024 Latest Caselaw 31573 Ker

Citation : 2024 Latest Caselaw 31573 Ker
Judgement Date : 5 November, 2024

Kerala High Court

Sneha S vs The State Of Kerala on 5 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                          2024:KER:84555



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946

                       WP(C) NO. 38948 OF 2024

PETITIONER:

          SNEHA S
          AGED 18 YEARS
          D/O SELVAN.S,
          MATTUPPARA HOUSE,
          NEMMARA P O,
          PALAKKAD,
          PIN - 678508


          BY ADV U.BALAGANGADHARAN


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
          SC & ST DEVELOPMENT DEPARTMENT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          CIVIL STATION, ROBINSON ROAD,
          PALAKKAD, PIN - 678001

    3     THE TAHSILDAR,
          CHITTUR, VILLAGE OFFICE,
          PALAKKAD, PIN - 678101

    4     THE VILLAGE OFFICER,
          NEMMARA, VILLAGE OFFICE,
          PALAKKAD, PIN - 678582

    5     THE DIRECTOR,
          KIRTADS GOLF LINK ROAD,
          CHEVAYUR,
          VRINDAVAN COLONY,
  WP(C)No. 38948 of 2024                                         2024:KER:84555

                                           2


             KOZHIKODE,
             PIN - 673017

     6       THE VIGILANCE OFFICER,
             VIGILANCE CELL DIRECTORATE OF KIRTADS,
             KOZHIKODE,
             PIN - 673017


             SRI. SUNILKUMAR KURIAKOSE, SR. GOVERNMENT PLEADER.


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION    ON
05.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No. 38948 of 2024                                  2024:KER:84555

                                        3




                              JUDGMENT

Dated this the 05th day of November, 2024

The petitioner claims to be a member of the

Domban community in Palakkad, which is included in

the list of Scheduled Castes (SC) as per Ext.P1, the

Constitution (Scheduled Castes) Order, 1950. The

Petitioner and her family members were earlier issued

with Exts.P3 to P6, certifying them to be members of

the Domban community. The petitioner is presently

aggrieved by Ext.P9 anthropological report of the

KIRTADS, finding that the petitioner does not belong to

the Domban, and is a member of the OBC Thottiyan

community. Aggrieved by Ext.P9, the petitioner has

preferred Exts.P10 and P11 before the Chairman of the

Scrutiny Committee of KIRTADS. The Petitioner is WP(C)No. 38948 of 2024 2024:KER:84555

seeking a direction to the 1st respondent to consider

Exts.P10 and P11 expeditiously, as she intends to seek

admission for professional courses, for which

caste/community certificate is a pre-requisite.

2. Heard, learned counsel for the petitioner and

the learned Government Pleader.

Considering the urgency involved, the writ

petition is disposed of, directing the 1 st respondent to

take up Exts.P10 and P11 and pass orders thereon,

after affording opportunity of hearing and production of

documents to the petitioner. The decision, as directed

above, shall be taken within three months of receipt of

a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE SSK/05/11 WP(C)No. 38948 of 2024 2024:KER:84555

APPENDIX OF WP(C) 38948/2024

PETITIONER EXHIBITS

EXHIBIT P 1 A TRUE COPY OF THE CONSTITUTION (SCHEDULED CASTE) ORDER 1950 [ RELEVANT PAGES ONLY ]

EXHIBIT P 2 A TRUE COPY OF RELEVANT PAGE OF REPORT PUBLISHED AS “PEOPLE OF INDIA”- KERALA VOLUME XXVII PUBLISHED BY ANTHROPOLOGICAL SURVEY OF INDIA

EXHIBIT P 3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE THIRD RESPONDENT TAHSILDAR, CHITTUR TO THE PETITIONER DATED 03.07.2017

EXHIBIT P 4 A TRUE COPY OF THE DOMBAN SC COMMUNITY CERTIFICATE ISSUED BY THE TAHSILDAR, CHITTUR TO THE MOTHER OF THE PETITIONER DATED 9..2..15

EXHIBIT P 5 A TRUE COPY OF THE DOMBAN SC COMMUNITY CERTIFICATE ISSUED BY THE TAHSILDAR, CHITTUR TO THE BROTHER OF THE PETITIONER DATED 11..2..2022

EXHIBIT P 6 A TRUE COPY OF THE DOMBAN SC COMMUNITY CERTIFICATE ISSUED BY THE TAHSILDAR, CHITTUR TO THE FATHER OF THE PETITIONER DATED 27..7..2007 ALONG WITH TYPED COPY

EXHIBIT P 7 A TRUE COPY OF THE ORDER NO.4573/B2/2013/PKD KSCSCST DATED

22..9..2014 ISSUED BY THE CHAIRMAN, KERALA STATE COMMISSION FOR SCHEDULED CAST AND SCHEDULED TRIBES THIRUVANANTHAPURAM

EXHIBIT P 8 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE ENTRANCE COMMISSIONER DATED 25.06.2024

EXHIBIT P 9 A TRUE COPY OF THE ANTHROPOLOGICAL REPORT OF THE 6TH RESPONDENT DATED 25.08.2024 WP(C)No. 38948 of 2024 2024:KER:84555

EXHIBIT P 10 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 05.09.2024

EXHIBIT P 11 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 21.09.2024

RESPONDENTS EXHIBITS NIL

TRUE COPY P.A. TO JUDGE

 
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