Disposed

Anjali Raghunadan a v. State of Kerala

Kerala HC9 Jul 2024WP(C)/21296/2024

Case brief

AI extract

What is this about?

A petitioner pursuing MBBS claimed Shaliya (OBC) caste status through her mother and sought a caste certificate; the Village Officer refused and returned her application without enquiry. The court disposed of the petition directing resubmission of the application with documents and a fresh reasoned decision by the Village Officer after due enquiry within two months.

What the court decided

AI extract

Anjali Raghunadan a Vs State of Kerala — Writ and Judicial Review | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946

¶5

WP(C) NO. 21296 OF 2024

¶6

PETITIONER:

¶7

ANJALI RAGHUNADAN A AGED 24 YEARS W/O ANEESH BK,
BEEMBUNGAL KOCHI (HOUSE), BEDADKA, KASARAGOD,, PIN -
671541
BY ADVS. RAHUL SASI NEETHU PREM P.ARDRA MENON ANJANA
V. ALFIN NADARSHAW

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOIVERNMENT, REVENUE DEPATMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001

¶10

2THE VILLAGE OFFICER BANDADUKA VILLAGE OFFICE,
BANDADUKA TOWN, KASARGOD,, PIN - 671541

¶11

SRI. SUNILKUMAR KURIAKOSE, SR. GP.

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

W.P.(C)No.21296 OF 2024

¶14

¶15

JUDGMENT Dated this the 9^th day of July, 2024

¶16

The petitioner is pursuing MBBS course at

¶17

Dr.Somervell Medical College, Thiruvananthapuram. The petitioner’s father belongs to the Ezhava community, and her mother is from the Shaliya Caste. According to the petitioner, she was born and brought up as a Shaliya, following the customs and rituals of that community. The petitioner is aggrieved by the refusal of the 2^nd respondent Village Officer to issue Caste Certificate, in accordance with her caste status. In order to support her claim of being a person belonging to OBC/Shaliya, the petitioner has submitted Exhibit P5 document along with her application.

¶18

When the matter is taken up for consideration, the learned Government Pleader submitted that, according to the instructions received, the petitioner’s application seeking issuance of Caste

¶19

W.P.(C)No.21296 OF 2024

¶20

¶21

Certificate has been returned.

¶22

This Court is of the opinion that, before

¶23

returning the application, the authority ought to have conducted an enquiry.

¶24

The writ petition is hence disposed of, permitting the petitioner to re-submit the application along with supporting documents, and directing the Village officer to take a fresh decision on the application, after conducting due enquiry. It is made clear that I have not entered into the merits of the contentions raised, and it is for the Village Officer to take a reasoned decision in the matter. The decision, as directed, shall be taken within two months of receipt of the application.

¶25

Ordered accordingly.

¶26

Sd/V.G.ARUN JUDGE

¶27

SSK/09/07

¶28

W.P.(C)No.21296 OF 2024

¶29

¶30

APPENDIX OF WP(C) 21296/2024

¶31

PETITIONER EXHIBITS

¶32

Exhibit P1THE TRUE COPY OF THE ALLOTMENT MEMO DATED
24.03.2022 ISSUED TO THE PETITIONER HEREIN BY THE
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS, KERALA
Exhibit P 2THE TRUE COPY OF THE CASTE CERTIFICATE DATED
28.12.2023 OF THE MOTHER OF THE PETITIONER HEREIN
ISSUED BY THE 2ND RESPONDENT
Exhibit P3THE TRUE COPY OF THE REPLY DATED 06.02.2024
PROVIDED BY THE STATE PUBLIC INFORMATION OFFICER
AND THE DEPUTY DIRECTOR

¶33

Exhibit P4THE TRUE COPY OF THE CORRESPONDENCE DATED
25.03.2024 BY THE SCHEDULED CASTE DEVELOPMENT
DEPARTMENT

¶34

Exhibit P5THE TRUE COPY OF THE LETTER AFFILIATED BY SHRI
CHOOLIYAR BHAGAVATHY DEVASTHANAM
Exhibit P6THE TRUE COPY OF THE APPLICATION OF CASTE
CERTIFICATE FROM 01.12.2023 TO 13.06.2024 IS
PRODUCED HEREWITH AND MARKED FOR REFERENCE AS
ADDITIONAL EXHIBIT P6

¶35

RESPONDENT'S EXHIBITS:NIL

¶36

SSK //TRUE COPY// PA TO JUDGE

Anjali Raghunadan a v. State of Kerala

Case brief

What is this about?

What the court decided

Anjali Raghunadan a v. State of Kerala

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tintu Varghese Vs the National Institute of Open Schooling (Nios)

K.Sadanandan Vs District Police Chief

Gurudeva College of Advanced Studies, Koyilandy Vs State of Kerala

P.V. Shaji Vs the District Supply Officer

Jyothi Vs The Chief Executive Officer

Isra Nidhi Limited Vs Union of India