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