Allowed

Avin Aji, v. the District Collector

Kerala HC18 Oct 2019WP(C)/5855/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed four connected writ petitions seeking non-creamy layer certificates. It quashed orders refusing the certificates to children where one parent belonged to the OBC community, relying on a Government Order (G.O. 08/2019/BCDD) dated May 8, 2019.

What did the court decide?

Impugned orders refusing certificates were quashed; respondents directed to consider pending applications in light of G.O. dated 08.05.2019.

Avin Aji, Vs the District Collector — Civil Procedure and Limitation | Kerala HC (2019)

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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 N.NAGARESH

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FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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WP(C).No.3468 OF 2019(G)

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PETITIONER:

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SIJO JOLLY K AGED 33 YEARS S/O.JOLLY HENRY, KURISINKAL HOUSE, ARTHUNKAL POST, ALAPPUZHA-688530.

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BY ADV. SRI.SHERRY J. THOMAS

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA WEST, AMBALAPPUZHA, KERALA-688001.

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2 THE RDO, ALAPPUZHA, PIN- 688001.

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3 THE THAHSILDAR, CHERTHALA, ALAPPUZHA, PIN-688524.

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4 VILLAGE OFFICER, ARTHUNKAL, ALAPPUZHA-688530.

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5 THE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004.

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6 DIRECTOR,

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BACKWARD CLASSES DEVELOPMENT DEPARTMENT, AYYANKALI BHAVAN, KANAKA NAGAR, KOWDIYAR.P.O., VELLAYAMBALAM, THIRUVANANTHAPURAM-695003.

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7 PRINCIPAL SECRETARY, KERALA BACKWARD CLASS DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

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SPECIAL GOVT. PLEADER SRI. M.K ROBINRAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2019, ALONG WITH WP(C).5072/2019(H), WP(C).5855/2019(F)& WP(C).7478/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.3468 OF 2019(H)& Connected cases

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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 N.NAGARESH

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FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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WP(C).No.5072 OF 2019(H)

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PETITIONER:

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VIDYA.P.G AGED 18 YEARS D/O.GOPAKUMAR.C.B., PRANAVAM, DEVINAGAR 54A, THEKKEVILA POST, KOLLAM - 691 016.

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BY ADV. SRI.SHERRY J. THOMAS

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR CIVIL STATION RD., KAANKATHU MUKKU, KOLLAM, KERALA - 691 013.

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2 THE RDO, VIDYA NAGAR, KOLLAM, KERALA - 691 013.

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3 THE THAHSILDAR, TALUK KACHERY, KOLLAM, KERALA - 691 001.

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4 VILLAGE OFFICER MUNDAKKAL, POLAYATHODE - CHAYAKKADAMUKKU RD., MUNDAKKAL, KOLLAM, KERALA - 691 010.

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5 COMMISSIONER, ALL INDIA ENTRANCE EXAMINATION, COMMISSIONERATE OF ENTRANCE EXAMINATIONS-KERALA, 5TH FLOOR KSHB BUILDING, SS KOVIL RD., SANTHI NAGAR, THIRUVANANTHAPURAM, KERALA - 695 001.

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6 DIRECTOR, BACKWARD CLASSES DEVELOPMENT DEPARTMENT, AYYANKALI BHAVAN, KANAKA NAGAR, KOWDIYAR P.O., VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 003.

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WP(C) No.3468 OF 2019(H)& Connected cases

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7 KERALA BACKWARD CLASSES DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1, REPRESENTED BY ITS PRINCIPAL SECRETARY.

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SPECIAL GOVT. PLEADER SRI. M.K ROBIN RAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2019, ALONG WITH WP(C).3468/2019(G), WP(C).5855/2019(F), WP(C).7478/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.3468 OF 2019(H)& Connected cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶45

PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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WP(C).No.5855 OF 2019(F)

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PETITIONER:

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AVIN AJI, AGED 18 YEARS S/O. AJI ANTONY, PATHIALA HOUSE, WEST CHALAKKUDY, POST - 680 307, THRISSUR DISTRICT.

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BY ADV. SRI.SHERRY J. THOMAS

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE - 683 001.

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2 THE RDO, CIVIL STATION, AYYANTHOLE - 683 001.

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3 THE TAHSILDAR, THALUK OFFICE, CHALAKKUDY - 680 307.

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4 THE VILLAGE OFFICER, WEST CHALAKKUDY - 680 307.

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5 ALL INDIA ENTRANCE EXAMINATION, COMMISSIONERATE OF ENTRANCE EXAMINATIONS - KERALA. 5TH FLOOR KSHB BUILDING, SS KOVIL RD, SANTHI NAGAR, THIRUVANANTHAPURAM, KERALA - 695 001.

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6 DIRECTOR, BACKWARD CLASSES DEVELOPMENT DEPARTMENT, AYYANKALI BHAVAN, KANAKA NAGAR, KOWDIYAR P.O, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 003.

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WP(C) No.3468 OF 2019(H)& Connected cases

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7 PRINCIPAL SECRETARY, KERALA BACKWARD CLASSES DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1.

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SPECIAL GOVT. PLEADER SRI. M.K ROBIN RAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2019, ALONG WITH WP(C).3468/2019(G), WP(C).5072/2019(H), WP(C).7478/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.3468 OF 2019(H)& Connected cases

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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 N.NAGARESH

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FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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WP(C).No.7478 OF 2019(H)

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PETITIONERS:

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1 JUSTIN C.F. AGED 30 YEARS CHIRAMEL HOUSE, CHAIPANKUZHY P.O., THRISSUR-680 721.

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2 JACKSON FRANCIS CHIRAMEL HOSUE, CHAIPANKUZHY P.O., THRISSUR-680 721.

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BY ADVS. SRI.S.VIBHEESHANAN SRI.P.MOHANDAS (ERNAKULAM) SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, BACKWARD DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE TAHSILDAR TALUK OFFICE, CHALAKKUDI, THRISSUR-680307.

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WP(C) No.3468 OF 2019(H)& Connected cases

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3 THE VILLAGE OFFICER KUTTICHIRA VILLAGE, THRISSUR-680 724.

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SPECIAL GOVT. PLEADER SRI. M.K ROBIN RAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2019, ALONG WITH WP(C).3468/2019(G), WP(C).5072/2019(H), WP(C).5855/2019(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.3468 OF 2019(H)& Connected cases

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

[WPC.3468/2019, 5072/2019, 5855/2019 & 7478/2019]

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Dated this the 18^th day of October, 2019

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In all these writ petitions, petitioners seek

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non-creamy layer certificate. One of the parents of the petitioners belongs to OBC community and the other belongs to non-OBC community. Non-creamy layer certificates were not issued to the petitioners on the ground that one of the parents of the petitioners belongs to forward community. Such refusal was probably for the reason that the Director of Backward Classes Development Department has issued a letter No.BCDD/A3/1622/17(3) dated 23.02.2018 to the effect that children in such cases are not entitled to non-creamy layer certificate.

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When these matters were taken up today, learned counsel for the petitioners submitted that the Government of

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WP(C) No.3468 OF 2019(H)& Connected cases

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Kerala has issued order No.G.O.08/2019/BCDD dated 08.05.2019 stating that if one of the parents of the children belongs to OBC community, they are entitled to non-creamy layer certificate subject to other conditions stipulated for the same. The learned counsel also brings to my notice a judgment of this Court dated 17.06.2019 in W.P.(C) No.11709/2019, wherein a learned Single Judge of this Court has held that the petitioners in such cases are entitled to relief.

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In such circumstances and in view of the G.O. dated 08.05.2019 and the judgment in W.P.(C) No.11709/2019, all these writ petitions are allowed quashing the impugned orders therein. The respondents are directed to consider the applications of the petitioners in the light of the G.O. dated 08.05.2019 wherever such applications are pending.

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Sd/- N. NAGARESH, JUDGE

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aks/18.10.2019

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WP(C) No.3468 OF 2019(H)& Connected cases

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APPENDIX OF WP(C) 3468/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF ON MARCH 2000.	THE	SSLC BOOK	ISSUED
EXHIBIT P2	THE TRUE COPY OF DATED 28.1.2019 TO	THE T HE	CASTE CERTI PETITIONER	FICATE .
EXHIBIT P3	THE TRUE COPY OF CERTIFICATE DATED THE PETITIONER.	THE 10.	NON-CREAMY 5.10 OBTAIN	LAYER ED BY
EXHIBIT P3 A	THE TRUE COPY OF CERTIFICATE DATED THE PETITIONER.	THE 2.	NON-CREAMY 7.08 OBTAIN	LAYER ED BY
EXHIBIT P3 B	THE TRUE COPY OF CERTIFICATE DATED THE PETITIONER.	THE 27.	NON-CREAMY 9.13 OBTAIN	LAYER ED BY
EXHIBIT P3 C	THE TRUE COPY OF CERTIFICATE DATED THE PETITIONER.	THE 30.	NON-CREAMY 11.13 OBTAI	LAYER NED BY
EXHIBIT P3 D	THE TRUE COPY OF CERTIFICATE DATED THE PETITIONER.	THE 16.	NON-CREAMY 11.17OBTAIN	LAYER ED BY
EXHIBIT P4	THE TRUE COPY OF 24.1.19 SUBMITTED OFFICER.	THE BE	APPLICATION FORE THE V	DATED ILLAGE
EXHIBIT P5	THE TRUE COPY O NO.BCDD/A3/1622/17 FROM 6TH RESPONDE NOT TO GIVE NON CR ALIKE PETITIONER.	F T (3) NT EAMY	HE LETTER DATED 2 ISSUING DIR LAYER TO P	KSBCD 3.2.18 ECTION ERSONS
EXHIBIT P6	THE TRUE COPY OF 28.1.2019 SUBMI TAHSILDAR.	THE TTED	APPLICATION BEFORE	DATED THE
EXHIBIT P7	THE TRUE COPY 1.1.2015.	OF	THE ORDER	DATED

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WP(C) No.3468 OF 2019(H)& Connected cases

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EXHIBIT P8 THE TRUE COPY OF THE ORDER DATED 24.4.1979. EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT IN WPC.NO.17445/2017 DATED 26.5.2017. EXHIBIT P10 THE TRUE COPY OF THE ORDER OF RDO THRISSUR. EXHIBIT P11 THE TRUE COPY OF THE INTERIM ORDER DATED 25.1.19 IN WPC.1608/2019. EXHIBIT P12 THE TRUE COPY OF THE INTERIM ORDER DATED 25.1.19 IN WPC.2032/2019.

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WP(C) No.3468 OF 2019(H)& Connected cases

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APPENDIX OF WP(C) 5072/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE SSLC BOOK - RELEVANT PAGE DATED 4.4.79 OF PETITIONER'S FATHER.
EXHIBIT P2	THE TRUE COPY OF THE SSLC BOOK-RELEVANT PAGE DATED 19/3/84 OF PETITIONER'S MOTHER.
EXHIBIT P3	THE TRUE COPY OF THE CASTE CERTIFICATE DATED 4/2/18.
EXHIBIT P4	THE NON CREAMY LAYER CERTIFICATE DATED 5/2/18 ISSUED EARLIER.
EXHIBIT P5	THE TRUE COPY OF THE REJECTION LETTER DATED
	8/2/19 FROM THE OFFICE OF THE 4TH RESPONDENT.
EXHIBIT P6	THE TRUE COPY OF THE LETTER DATED 31/5/2018 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P7	THE COPY OF APPEAL DATED 18/2/19 TO R2.
EXHIBIT P8	THE TRUE COPY OF THE ORDER DATED 1/1/2015.
EXHIBIT P9	THE TRUE COPY OF THE ORDER DATED 24/4/79.
EXHIBIT P10	THE TRUE COPY OF THE JUDGMENT IN WPC NO.17445/2017 DATED 26/05/2017.
EXHIBIT P11	THE TRUE COPY OF THE ORDER OF RDO THRISSUR.
EXHIBIT P12	THE TRUE COPY OF THE INTERIM ORDER DATED 25/1/19 IN WPC 1608/2019.
EXHIBIT P12 A	THE TRUE COPY OF THE INTERIM ORDER DATED 25.1.19 IN WPC 2032/2019.

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WP(C) No.3468 OF 2019(H)& Connected cases

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APPENDIX OF WP(C) 5855/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE PETI	TRUE COPY OF THE SSLC BOOK- OF TIONER RELEVANT PAGE DATED 3.6.2017.
EXHIBIT P2	THE PAGE FATH	TRUE COPY OF THE SSLC BOOK-RELEVANT DATED 27.3.1991 OF PETITIONER'S ER.
EXHIBIT P2 A	THE PAGE MOTH	TRUE COPY OF THE SSLC BOOK-RELEVANT DATED 27.3.1995 OF PETITIONER'S ER.
EXHIBIT P3	THE	TRUE COPY OF THE CASTE CERTIFICATE
	DATE RESP	D 14.02.2019 ISSUED BY THE 4TH ONDENT.
EXHIBIT P4	THE 14/0	TRUE COPY OF THE REQUEST DATED 2/2019 BEFORE THE 4TH RESPONDENT.
EXHIBIT P5	THE ISSU RESP	TRUE COPY OF THE LETTER DATED 23.2.2018 ED FROM THE OFFICE OF THE 6TH ONDENT.
EXHIBIT P6	THE	TRUE COPY OF THE ORDER DATED 1-1-2015.
EXHIBIT P7	THE	TRUE COPY OF THE ORDER DATED 24-4-79.
EXHIBIT P8	THE NO.1	TRUE COPY OF THE JUDGMENT IN WPC 7445/2017 DATED 26/05/2017.
EXHIBIT P9	THE	TRUE COPY OF THE ORDER OF RDO THRISSUR.
EXHIBIT P10	THE 25.1	TRUE COPY OF THE INTERIM ORDER DATED .2019 IN WPC 1608/2019.
EXHIBIT P11	THE 25.1	TRUE COPY OF THE INTERIM ORDER DATED .2019 IN WPC 2032/2019.

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WP(C) No.3468 OF 2019(H)& Connected cases

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APPENDIX OF WP(C) 7478/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE SSLC CERTIFICATE OF THE 1ST PETITIONER ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA.
EXHIBIT P2	TRUE COPY OF THE SSLC CERTIFICATE OF THE 2ND PETITIONER ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA.
EXHIBIT P3	TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE PETITIONERS FATHER ISSUED BY THE HEADMISTRESS GOVT. U.P. SCHOOL, CHAIPANKUZHY DATED 24.6.2016.
EXHIBIT P4	TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE ISSUED TO THE IST PETITIONER BY THE 3RD RESPONDENT DATED 4.7.2016.
EXHIBIT P5	TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE ISSUED TO THE IST PETITIONER BY THE 3RD RESPONDENT DATED 8.7.2016.
EXHIBIT P6	TRUE COPY OF THE PRINTOUT OF THE STATUS REPORT OF THE APPLICATION OF THE IST PETITIONER DATED 10.3.2019.
EXHIBIT P7	TRUE COPY OF THE PRINTOUT OF THE STATUS REPORT OF TEH APPLICATION OF THE IST PETITIONER DATED 10.3.2019.
EXHIBIT P8	TRUE COPY OF THE LETTER NO.2532535/A3/2018 WRITTEN BY THE FIRST RESPONDENT TO THE DISTRICT COLLECTOR, KASARAGOD DATED 31.5.2018.
EXHIBIT P9	TRUE COPY OF THE ORDER DATED 22.2.2019 IN WPC NO.5423/2019.
EXHIBIT P10	TRUE COPY OF THE JUDGMENT DATED 23.10.2018 IN WPC NO.32145/2018.

Avin Aji, v. the District Collector

Case brief

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Avin Aji, v. the District Collector

Case brief

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