Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 8717 (KER)

SANIMOL STANY v. STATE OF KERALA

WP(C)/35113/2024 · 2025-04-01

N Nagaresh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27650 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. 35113 OF 2024 PETITIONER: SANIMOL STANY AGED 19 YEARS D/O.STANY JOHN, PALAPETTA HOUSE, PALLIKUNNU (PO), KALPETTA, WAYANAD, PIN - 673124 BY ADVS. K.MOHANAKANNAN A.R.PRAVITHA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, SC/ST DEVELOPMENT DEPARTMENT, NANDAVANAM, VIKAS BHAVAN.P.O, TRIVANDRUM, PIN - 695033 2 THE DIRECTOR KIRTADS (KERALA INSTITUTE FOR RESEARCH TRAINING & DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES) KOZHIKODE, PIN - 673017 3 THE VIGILANCE OFFICER OF KIRTADS VIGILANCE CELL, CHEVAYUR PO, KOZHIKODE, PIN - 673017 2025:KER:27650 WP(C) No.35113 of 2024 2 4 THE SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATE REPRESENTED BY ITS CHAIRMAN, SC/ST DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695003 5 THE COMMISSIONER FOR ENTRANCE EXAMINATION 7 TH FLOOR KSRTC BUS TERMINAL COMPLEX, THAMBANOOR THIRUVANANTHAPURAM, PIN - 695001 6 THE JOINT COMMISSIONER (ACADEMIC) ENTRANCE EXAMINATION 7 TH FLOOR KSRTC BUS TERMINAL COMPLEX, THAMBANOOR THIRUVANANTHAPURAM, PIN - 695001 7 THE TAHSILDAR VYTHIRI TALUK OFFICE, NH 766, VYTHIRI, WAYANAD DISTRICT, PIN - 673576 8 THE VILLAGE OFFICER VYTHIRI VILLAGE OFFICE, WAYANAD, PIN – 673576 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:27650 WP(C) No.35113 of 2024 3 JUDGMENT Dated this the 1st day of April, 2025 The petitioner has approached this Court seeking the following reliefs: (i) To issue a Writ of certiorari or any other appropriate order or direction calling for the records leading to Ext.P7 and quash the same. (ii) To issue a Writ of mandamus or any other appropriate Writ order or direction directing the Commissioner, Entrance examination (R5) to include her name in the ranklist for the next allotment as ST candidate and complete the process of selection, within a time frame to be fixed by this Hon'ble Court. (iii) To issue a Writ of mandamus or any other appropriate Writ order or direction declaring that the petitioner belongs to ST community as noticed in Ext.P1 and to direct the respondents 7 and 8 to issue necessary certificate in that regard in future. 2. The petitioner challenges Ext.P7. It is submitted that as against Ext.P7, the petitioner has a remedy before the Scrutiny Committee constituted under Section 9(2) of the Kerala (Scheduled Castes and Scheduled Tribes) 2025:KER:27650 WP(C) No.35113 of 2024 4 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.P7 order 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. Sd/- N.NAGARESH JUDGE spk 2025:KER:27650 WP(C) No.35113 of 2024 5 APPENDIX OF WP(C) 35113/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY COMMUNITY CERTIFICATE ISSUED BY THE VYTHIRI TALUK OFFICE DATED 27- 8-2024 Exhibit P2 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED FROM LOURD MATHA CHURCH Exhibit P3 TRUE COPY OF THE TRANSFER CERTIFICATE (TC) ISSUED BY THE PRINCIPAL, SKHA HIGHER SECONDARY SCHOOL, KALPETTA DATED 3-6-2023 Exhibit P4 TRUE COPY OF THE APPLICATION NO.1203229 FOR ENTRANCE EXAMINATION DATED 9-4-2024 Exhibit P5 TRUE COPY OF RELEVANT PAGE OF LIST PUBLISHED BY THE KERALA ENGINEERING ARCHITECTURE AND MEDICAL (KEAM)-2024 DATED 26-7-2024 Exhibit P6 TRUE COPY OF THE NOTICE ISSUED BY THE ENTRANCE COMMISSIONER, DATED 25-6-2024 Exhibit P7 TRUE COPY OF THE ANTHROPOLOGICAL REPORT DATED 13-9-2024 ISSUED BY THE 3RD RESPONDENT