Lincy Robert vs The State of Kerala and The Commissioner for Entrance

S. Siri Jagan, J.—The Petitioner applied for admission to professional degree courses in Kerala in the engineering stream for the year 2007. The Petitioner belongs to Latin Catholic community other than Aglo-Indian of Christian religion and as such she is entitled to communal reservation. According to the Petitioner, the Petitioner produced appropriate certificates to prove that the Petitioner belongs to Latin Catholic other than Aglo-Indian. But the Petitioner''s claim for reservation was rejected on the ground that in the community certificate produced, it was not mentioned that she belongs to Latin Catholic other than Aglo-Indian. The Petitioner submits that exactly identical question has been considered by this Court in Exts.P5 and P6 judgments and going by the same, the Petitioner is entitled to be considered for reservation as Latin Catholic other than Aglo-Indian. The Petitioner therefore seeks the following reliefs:

(a) Declare that the Petitioner is entitled to get admission for Engineering Course in any one of the Engineering Colleges in Kerala treating her community as Latin Catholic other than Aglo-Indian being entitled and eligible for communal reservation;

(b) Declare that the condition stipulated in the prospectus for admission to professional degree courses 2007, Kerala in 5.4.2(d) is directory and cannot result in the rejection of the claim for communal reservation;

(c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents to admit the Petitioner for the Engineering Course in one of the Engineering Colleges in the State treating her under the Latin Catholic other than Aglo-Indian entitled and eligible for communal reservation.

(d) Call for the records leading up to Ext. P4 and to quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.

The Petitioner also sought an interim order as follows:

For the reasons stated in the writ petition as verified by the affidavit accompanying thereto, it is humbly prayed that this Hon''ble Court may kindly be pleased to direct the Respondents to admit the Petitioner for the Engineering Course in one of the Engineering Colleges in Kerala treating her under the Latin Catholic other than Aglo-Indian entitled and eligible for communal reservation, pending disposal of the writ petition and grant such other or further relief as this Hon''ble Court deems fit to grant in the particular facts and circumstances of the case.

At the time of admission, I passed an interim order as prayed for.

A statement has been filed by the 2nd Respondent taking the stand that in view of the specific conditions in the prospectus, it is for the candidates to take care to get the applications and certificates attached filled up by the appropriate officer correctly. According to them, since the Petitioner has not got the community certificate filled up correctly, the Petitioner is not entitled to the reliefs prayed for in this writ petition.

I have considered the rival contentions in detail.

Practically, there is no dispute about the fact that the Petitioner actually belongs to Latin Catholic other than Aglo- Indian and eligible for reservation. In view of the interim order, the Petitioner has already joined the course and 4 years have gone by now. In view of the same, and particularly in view of Exts.P5 and P6 judgments, I am of opinion that the Petitioner is entitled to continue the studies in accordance with the admission obtained by her on the basis of the interim order.

Accordingly, the writ petition is disposed of declaring that the Petitioner has been rightly admitted for the course on the basis of the interim order.