The court closed an original petition seeking recognition of the petitioner as Thandan (S.C.) community for medical course admission. Based on a prior division bench judgment finding the petitioner's sister belongs to the same community, the court held nothing remained to be adjudicated.
The original petition and all pending interlocutory applications were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
TUESDAY, THE 6TH DAY OF MARCH 2012/16TH PHALGUNA 1933
OP.No. 14007 of 2001 (P)
PETITIONER(S):
A.K.GIRIJA, AYAKULANGARA HOUSE, NADUVATHAPPARA.P.O.,
PERINGOTTUKURISHI, PALAKKAD.
BY SMT.V.P.SEEMANDINI (SR.) ADV. SRI.M.R.ANISON
RESPONDENT(S):
1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT,
SC/ST DEVELOPMENT DEPARTMENT,GOVT SECRETARIAT, TRIVANDRUM.
2. THE TAHSILDAR, ALATHUR.
3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM-695 001.
4. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE
OF MEDICAL EDUCATION,GOVT. OF KERALA, TRIVANDRUM MEDICAL COLLEGE CAMPUS, TRIVANDRUM.
BY GOVERNMENT PLEADER SRI.ABDUL SALAM
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP.NO.14007/2001
APPENDIX
PETITIONER'S EXHIBITS:
/TRUE COPY/
P.A.TO.JUDGE
sts
B.P.RAY, J.
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Dated this the 6th day of March, 2012
JUDGMENT
This original petition is filed with the following prayers:
(a) to issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to treate the petitioner as Thandan (S.C.) community for admission to the Post Graduate Medical course for the year 2001 on the basis of Ext.P1 and P3 to P6;
(b) to issue a writ of mandamus or other appropriate writ, order or direction directing the second respondent to issue a community certificate to the petitioner in Ext.P9 format showing her caste as Thandan (S.C.) forthwith;
(c) to issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 3 to 4 to treat the petitioner as Thandan (S.C.) students for the Medical Course for the year 2001 based on Exts.P1, P2, P3, P4, P5 and P6.
(d)to pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case.
(dd) to issue a writ or certiorari or toher appropriate writ, order or direction to quash Ext.P11 and P12 since the same are issued in violation of the petitioner's fundamental right under Article 14 of the Constitution.
(de) to issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to treat the petitioner as Thandan (S.C.) Community for admission to the Post Graduate Medical Course for the year 2002 on the basis of Ext.P1 and P3 to P6.
(df) to issue a writ of certiorari or other appropraite writ, order or direction to wash Exts.P15 and P17 orders since the same are issued in violation of the principles of natural justice.
Accordingly, the original petition is closed. All the pending interlocutory applications are closed.
B.P.RAY, JUDGE
jes
B.P.RAY, J.
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JUDGMENT
Dated 6th March, 2012
Colour shows how this judgement treated each authority
W.P.(C)36774/03 dated 4th October 2005Explained¶58
A.K.Girija
State of Kerala, Rep.by the Secretary to Government, SC/ST Development Department
The Tahsildar, Alathur
The Commissioner of Entrance Examinations
The Director of Medical Education
B.P.Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
