A writ petition seeking a Non-Creamy Layer Certificate was disposed of by directing the Tahasildar to finalize the application considering a State Government notification dated 08.05.2019 regarding inter-caste marriages. The previously issued provisional certificate was ratified.
No specific charges found.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941
WP(C).No.4937 of 2019
PETITIONER/S:
NIVIN P.I. AGED 18 YEARS S/O. IGNATIOUS P.P., WIN VILLA, TAGORE NAGAR, MANALI ROAD, KALMANDAPAM, PALAKKAD-678 001.
BY ADVS. SRI.SAJAN VARGHEESE K. SRI.JOPHY POTHEN KANDANKARY SRI.LIJU. M.P
RESPONDENT/S:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
2 THE STATE OF KERALA REPRESENTED THE SECRETARY TO GOVERNMENT, BACKWARD COMMUNITIES DEVELOPMENT (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
SMT. RASHMI. K.M. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4937 of 2019 2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
i) Call for records relating to Exhibits P1 to P9;
ii) Issue a writ of mandamus or other appropriate writ or order or direction, declaring that the petitioner is entitled to have the Non-Creamy Layer Certificate as contemplated in Exhibit-P2, as such direct the respondents with particular reference to the 4th respondent to provide the same in Exhibit P7 proforma forthwith and latest by 26.02.2019;
WP(C).No.4937 of 2019 3
result of the writ petition. However during the pendency, State Government has issued an order dated 08.05.2019, prescribing modalities as to how the Non-Creamy Layer applications have to be considered in respect of inter-caste marriages.
respondent to finalise Ext.P4 application, taking into account the notification issued by the State Government dated 08.05.2019 and if ultimately it
is found that, petitioner is entitled to the
certificate in accordance with the notification. The provisional certificate issued by the 3rd
WP(C).No.4937 of 2019 4
respondent in accordance with the directions
issued by this Court, will stand ratified.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
WP(C).No.4937 of 2019 5
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE CERTIFICATE, ISSU |
INTER-CASTE MARRIAGE ED ON 15.1.2014. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE PROSPECTUS - KEAM |
CLAUSE 5.4.2 OF THE - 2017. |
| EXHIBIT P3 | TRUE COPY OF THE HAND BOOK PUBLISH CLASSES DEVELOPME THIRUVANANTHAPURA |
RELEVANT PAGES OF THE ED BY THE BACKWARD NT DEPARTMENT M. |
| EXHIBIT P4 | TRUE COPY OF THE 13.2.2019 SUBMITT RESPONDENT. |
APPLICATION DATED ED BEFORE THE 3RD |
| EXHIBIT P5 | TRUE COPY OF THE 13.2.2019 SUBMITT RESPONDENT. |
APPLICATION DATED ED BEFORE THE 4TH |
| EXHIBIT P6 | TRUE COPY OF THE 15.2.2019 ISSUED |
COMMUNICATION DATED BY THE 3RD RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE WHICH IS STATED I |
PRESCRIBED PROFORMA N EXHIBIT P2. |
| EXHIBIT P8 | TRUE COPY OF THE PASSED IN WPC NO. OF THIS HONOURABL |
ORDER DATED 9.2.2015 2656/2015 ON THE FILE E COURT. |
| EXHIBIT P9 | TRUE COPY OF THE 9.2.2015 ISSUED T |
CERTIFICATE DATED O SRI NIJO P. |
RESPONDENT'S/S EXHIBITS: NIL
2 issues framed by the court
Whether the petitioner is entitled to a Non-Creamy Layer Certificate despite inter-caste marriage under the prescribed proforma.
Whether the petitioner's provisionally issued Non-Creamy Layer Certificate should be ratified pending final determination.
NIVIN P.I.
THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
THE STATE OF KERALA REPRESENTED THE SECRETARY TO GOVERNMENT
THE TAHASILDAR PALAKKAD
THE VILLAGE OFFICER MARUTHARODE VILLAGE
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
