LAKME PEMMAIAH Vs. ALL INDIA INSTITUTE OF SPEECH

JUDGEMENT

(1.) IN this writ petition, the petitioner-student is challenging the communication dated 17. 6. 2009 issued by Respondent No. 2 vide Annexure-A expressing regret that on close scrutiny of the OBC list issued by the Government of India, the caste of the petitioner does not appear in the list even though it is found in the State OBC list and, as such, her admission has been cancelled. Petitioner is informed to collect her original marks card along with the fees. Petitioner is also seeking a direction to Respondent No. 2 - The Co-ordinator of All India Institute of speech and Hearing, to forward the OBC list to Respondent No. 4 the State of Karnataka. A further direction is sought to the State Government to forward this OBC list to the Central Government so as to enable the Central government so as to enable the Central Government to include 'kodeva' caste in the list of OBC of the central list. (This prayer is not clear. However, the petitioner's Counsel submits that, in substance, this is the request of the petitioner.)

(2.) PETITIONER has completed her II PUC and she intended to pursue her further studies by joining B. Sc. in Speech and Hearing. She submitted an application seeking admission to the said course before Respondent no. 2 institution. Petitioner belongs to 'kodeva' community, which is recognized by the State as OBC (Other Backward Classes) coming under category 3-A. In support of this assertion, the petitioner has produced a certificate issued by the jurisdictional Tahasildar at Annexure- E.

(3.) ENTRANCE examination was conducted on 6. 6. 2009 as per the prospectus issued by Respondent No. 2. Petitioner secured 20th rank in the OBC quota and her ranking in the merit list is 88 as per the rank list of Annexure-F of the OBC Category. Petitioner was called for Counselling for selection to B. Sc. (Speech and Hearing) course vide letter dated 11. 6. 2009 issued by Respondent No. 1. She appeared for Counselling on 16. 6. 2009 and was selected for the said course. On the very day i. e. , on 16. 6. 2009, she was admitted to Respondent No. 2 institution by collecting a fee of rs. 9,885/- as is evident from Annexure-J receipt. The petitioner was also made to execute an indemnity bond as per Annexure-H. As she was to be paid some stipend, she was required to execute a bond agreeing to certain conditions. However, by a communication dated 17. 6. 2009, the Academic co-ordinator of Respondent No. 2 institution has informed the petitioner that her admission stood cancelled as her caste is not mentioned in the obc list issued by the Government of India, though it finds a place in the list of OBC issued by the State of Karnataka. Aggrieved by this action, the present writ petition is filed.