Disposed

Alka M.A. v. State of Kerala

Kerala HC14 Jan 2016WP(C)/1243/2016

Case brief

AI extract

What is this about?

In a writ petition challenging an Anthropological Report that classified the petitioner as Hindu-Ezhava instead of SC Kanakan Community, the Court held she has an alternative remedy before the Scrutiny Committee for a final decision.

What did the court decide?

The petitioner was directed to approach the Scrutiny Committee to challenge the Anthropological Report, which is required to decide within two months.

Alka M.A. Vs State of Kerala — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937

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WP(C).No. 1243 of 2016 (E)

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PETITIONER :

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ALKA M.A.,

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AGED 18 YEARS, D/O.AMBUJAKSHY, MUKUNDAVILASAM HOUSE MARARIKULAM NORTH VILLAGE, CHERTHALA ALAPPUZHA DISTRICT - 688 582.

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BY ADVS.SRI.GEORGE MATHEW

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SRI.M.D.SASIKUMAR SRI.SUNIL KUMAR A.G SRI.DIPU JAMES

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RESPONDENT(S) :

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY SCHEDULED CASTE &SCHEDULED TRIBE DEVELOPMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. THE COMMISSIONER OF ENTRANCE EXAMINATIONS HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM,

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CONVENOR SCREENING COMMITTEE - 695 001.

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3. THE TAHSILDHAR

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CHERTHALA TALUK OFFICE, MINI CIVIL STATION CHERTHALA - 688 524.

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4. KERALA INSTITUTE FOR RESEARCH, TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTHADS) REP. BY ITS DIRECTOR, DIRECTORATE OF KIRTADS, KOZHIKODE - 685 017.

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5. THE VIGILANCE OFFICER

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KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTHADS), DIRECTORATE OF KIRTADS

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KOZHIKODE - 685 017.

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BY SPL. GOVT. PLEADER SMT. P.K. SANTHAMMA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 1243 of 2016 (E)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P-1: TRUE COPY OF CASTE CERTIFICATE DTD. 25.5.2002. EXT.P-2: TRUE COPY OF EXTRACT FROM ADMISSION REGISTER DTD. 12.5.2006.

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EXT.P-3: TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE DTD. 26.4.2012.

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EXT.P-4: TRUE COPY OF TRANSFER CERTIFICATE DTD. 13.6.2014. EXT.P-5: TRUE COPY OF ORDER DTD. 30.7.2014. EXT.P-6: TRUE COPY OF CASTE CERTIFICATE DTD. 31.7.2014. EXT.P-7: TRUE COPY OF CERTIFICATE DTD. 22.1.2015. EXT.P-8: TRUE COPY OF ANTHROPOLOGICAL REPORT DTD. 11.6.2015.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J.

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================== W.P.(C).No.1243 of 2016

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==================

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Dated this the 14^th day of January, 2016

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J U D G M E N T

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The petitioner claims that she belongs to SC Kanakan Community (Hindu). The petitioner applied for entrance examination for professional degree courses, Kerala. The Entrance Commissioner referred the matter to Anthropological Report. The report is Ext.P8. It would indicate that the petitioner belongs to Hindu-Ezhava Community and therefore cannot claim the benefit of Scheduled Caste Kanakan Community. The petitioner challenges the decision.

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This Court is of the view that the petitioner has a remedy to challenge the report before the Scrutiny Committee. Therefore the following directions are issued:

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If the petitioner approaches the Scrutiny Committee challenging Ext.P8, Committee shall take a decision within a period of two months from the date of receipt of the copy of

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W.P.(C).No.1243 of 2016 - : 2 :-

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this judgment after hearing the petitioner.

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The writ petition is disposed of, as above.

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sd/-

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sab

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A.MUHAMED MUSTAQUE, JUDGE

Alka M.A. v. State of Kerala

Case brief

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Alka M.A. v. State of Kerala

Case brief

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