2025:KER:27651 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 35159 OF 2024 PETITIONER: VAIGA SANTHOSH AGED 18 YEARS D/O. SANTHOSH P K, PUTHANPURAYIL H, CHELAD P O, KOTHAMANGALAM, ERNAKULAM, PIN - 686681 BY ADVS. ARUN ANTONY C.Y.VINOD KUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY DEPARTMENT OF HIGHER EDUCATION, 1ST FLOOR, ANNEX II, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM – 1, PIN - 695001 2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 7TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001 3 VIGILANCE CELL DIRECTORATE OF KIRTADS, (KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES FOR SCHEDULED CASTE/ SCHEDULED TRIBES) KOZHIKODE, PIN - 673017 2025:KER:27651 WP(C) No.35159 of 2024 2 4 TAHSILDAR TALUK OFFICE, KOTHAMANGALAM, KOTHAMANGALAM, ERNAKULAM, PIN - 686691 BY ADVS. SMT. LATHA T. THANKAPPAN, SPECIAL GOVERNMENT PLEADER SRI. ROBIN RAJ, SPECIAL GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27651 WP(C) No.35159 of 2024 3 JUDGMENT Dated this the 1st day of April, 2025 The petitioner has approached this Court seeking the following reliefs: (a) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 2 to 3 to include the petitioner in scheduled caste reservation quota, in the third round allotment and State wise counselling which starts from 09.10.2024 on the basis of Ext.P10 report of the 3rd respondent. (b) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent No.2 to grant admission to petitioner in scheduled caste reservation quota, on the basis of Ext.P10 report of the 3rd respondent that she belongs to Scheduled caste, without insisting for the production of the new Community Certificate, till the fresh Community certificate issued by the 4th respondent, on the basis of Ext.P10 report and Ext.P13 application. (c) A writ of certiorari or any other appropriate writ order of direction calling for Ext.P11 letter and to set aside the same, including all proceedings pursuant to Ext.P11. 2. The petitioner challenges Ext.P10. It is submitted that as against Ext.P10, the petitioner has a remedy before the Scrutiny Committee constituted under Section 9(2) 2025:KER:27651 WP(C) No.35159 of 2024 4 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. 3. In view of the above, it would be only appropriate that the petitioner files appropriate revision petition before the Scrutiny Committee. The writ petition is accordingly disposed of permitting the petitioner to file a revision petition against Ext.P10 before the Scrutiny Committee within a period of two weeks. If the petitioner files a revision petition within a period of two weeks from the date of receipt of a copy of this judgment, the Scrutiny Committee shall consider the same and pass appropriate orders on merits after condoning the delay, if any, in filing the revision. The admission granted to the petitioner in the BDS Course pursuant to the interim order of this Court shall continue to be in force and will be subject to the orders to be passed by the Scrutiny Committee. Sd/- N.NAGARESH JUDGE spk 2025:KER:27651 WP(C) No.35159 of 2024 5 APPENDIX OF WP(C) 35159/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CBSE MARKS STATEMENT CUM CERTIFICATE DATED 22.07.2022 Exhibit P2 TRUE COPY OF THE PLUS TWO CERTIFICATE DATED 09.05.2024 Exhibit P3 TRUE COPY OF THE NEET EXAM RESULT DECLARED BY THE NATIONAL TESTING AGENCY DATED 26.07.2024 Exhibit P4 TRUE COPY OF THE CONFIRMATION REPORT OF NEET RESULT TO 2ND RESPONDENT DATED 08.08.2024 Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF PROSPECTUS APPROVED BY 2ND RESPONDENT DATED 26.03.2024 Exhibit P6 TRUE COPY OF THE COMMUNITY CERTIFICATE FORWARDED TO 2ND RESPONDENT, WHICH WAS ISSUED BY 4TH RESPONDENT DATED 22.08.2022 Exhibit P7 TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE FATHER OF THE PETITIONER, SRI SANTHOSH KUMAR P. K. DATED 04.06.2009 Exhibit P8 COPY OF THE COMMUNITY CERTIFICATE OF THE GRANDFATHER OF THE PETITIONER, SRI. KUNJU P. V. DATED 29.11.2005 Exhibit P9 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT ON 25.06.2024 Exhibit P10 TRUE COPY OF THE ANTHROPOLOGICAL REPORT OF KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES FOR SCHEDULED CASTE/ SCHEDULED TRIBES DATED 08.09.2024 2025:KER:27651 WP(C) No.35159 of 2024 6 Exhibit P11 TRUE COPY OF THE INTIMATION LETTER REGARDING THE REJECTION OF SCHEDULED CASTE RESERVATION OF THE PETITIONER ISSUED BY 2ND RESPONDENT, DATED 28.09.2024 Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.09.2024 Exhibit P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 01.10.2024 Exhibit P14 TRUE COPY OF THE RECEIPT RECEIVED FROM 4TH RESPONDENT DATED 01.10.2024