Disposed

Sofiya.C.a v. State of Kerala

Kerala HC17 Jan 2022WP(C)/687/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the reservation of a newly sanctioned Akshaya Centre for SC/ST candidates, alleging excess reservation in the area. The Court directed the first respondent to consider the petitioner's grievance representation. The petition was disposed of with a two-month timeline for appropriate orders.

What did the court decide?

Directed the 1st respondent to consider the petitioner's representation (Ext.P7) and pass appropriate orders within two months.

Sofiya.C.a Vs State of Kerala — Cooperative Societies | Kerala HC (2022)

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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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MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 687 OF 2022

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PETITIONER:

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SOFIYA.C.A
AGED 42 YEARS
W/O. MUJEEB REHMAN, MANNITTUTHARA, EZHUKKARA P.O.
NORTH PARAVOOR 683 513.
BY ADV M.R.SUDHEENDRAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, ELECTRONICS AND INFORMATION TECHNOLOGY, (C) DEPARTMENT, TRIVANDRUM 695 001.

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2 THE DIRECTOR, AKSHAYA STAE PROJECT OFFICE, SAANKETHIKA, IIND FLOOR, VRINDAVAN GARDENS, PATTOM P.O., TRIVANDRUM 695 004.

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3 THE DISTRICT PROJECT MANAGER, AKSHAYA DISTRICT PROJECT OFFICE, AKSHAYA APARTMENT, NEAR CIVIL STATION, KAKKANAD, ERNAKULAM 682 030.

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SRI. APPU P.S, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 687 OF 2022 2

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JUDGMENT

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Dated this the 17^th day of January, 2022

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The petitioner states that by Ext.P1 order, the Government has sanctioned Akshaya Centres at various places including one in Ezhikkara Grama Panchayat in Ernakulam District. The petitioner submitted an application to run the Akshaya Centre in Ezhikkara Grama Panchayat. That application is pending.

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Now, the respondents have issued Ext.P4 order to the effect that the said Akshaya Centre in Ezhikkara Grama Panchayat is reserved for Scheduled Caste/Scheduled Tribe (SC/ST). The grievance of the petitioner is that out of the two Akshaya Kendras in the area, there is already one run by an SC Candidate. If the second Akshaya Kendra is also reserved for SC Candidate, that will amount to excess reservation. In such circumstances, the petitioner filed Ext.P7 representation before the 1^st respondent.

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WP(C) NO. 687 OF 2022 3

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When this writ petition came up for admission today, it was submitted on behalf of the petitioner that, the petitioner

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will be satisfied if a direction is given to the 1^st respondent to consider Ext.P7 representation.

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The learned Government Pleader submits that if an Akshaya Kendra is earmarked for SC/ST Candidate, then applications from Open Category will be considered only in the absence of applicants from Scheduled Caste/Scheduled Tribe Candidates. The petitioner’s application can be considered for newly sanctioned Akshaya Kendra at Ezhikkara Grama Panchayat, provided there are no eligible applicants from SC/ST Communities.

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I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

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The grievance projected by the petitioner is that out

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of the two Akshaya Kendras sanctioned in the area, one is

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WP(C) NO. 687 OF 2022 4

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already run by a candidate belonging to SC Community and if the other newly sanctioned Akshaya Kendra is also reserved for SC Candidate, that will amount to excess reservation in the area in question.

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I find that the petitioner has already submitted Ext.P7 representation before the 1^st respondent in this regard. This is a matter to be considered by the 1^st respondent. Therefore, the writ petition can be disposed of directing the 1^st respondent to consider the grievance raised by the petitioner in Ext.P7 representation.

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Accordingly, the writ petition is disposed of directing the 1^st respondent to consider Ext.P7 representation submitted by

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the petitioner and pass appropriate orders thereon, within a period of two months.

sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO. 687 OF 2022 5

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APPENDIX OF WP(C) 687/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE ORDER DTD. 05/01/2019
ISSUED BY THE FIRST RESPONDENT.
Exhibit P2A TRUE COPY OF THE DECISION NO. 10/1
DATED 31/01/2019 OF EHIKKARA GRAMA
PANCHAYATH.
Exhibit P3A TRUE COPY OF THE REQUEST DATED
01/08/2020 SUBMITTED BY THE PETITIONER
ALONG WITH ITS FORWARDING LETTER DATED
01/08/2020.
Exhibit P4A TRUE COPY OF THE REPLY DATED
30/11/2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P5A TRUE COPY OF THE GO (MS) NO.
17/2007/ITD DATED 31.7.2007.
Exhibit P6A TRUE COPY OF THE REPRESENTATION DATED
01/12/2021 SUBMITTED BY THE PETITIONER.
Exhibit P7A TRUE COPY OF THE REPRESENTATION DATED
3/1/2021 SUBMITTED BY THE PETITIONER TO
THE RESPONDENT NO. 1 WITH COPY TO 2ND
RESPONDENT.

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RESPONDENT’S EXHIBITS NIL

Sofiya.C.a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sofiya.C.a v. State of Kerala

Case brief

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