Meerakutty v. State of Kerala — 1990 DIGILAW 517 (KER)

Judgment :- Balanarayana Marar, J. Petitioner seeks a writ of mandamus to command 5th respondent to issue a certificate of income during the current year, i.e. from 1-4-1990 to 31-3-1991. He is a retired Professor of Malayalam Department of T.K.M. College of Arts and Science, Quilon. He retired on 31-3-1990. His wife also retired on the same day as Headmistress from Perinad Government Welfare Lower Primary School. Petitioner is getting Rs. 492/-as pension per month. His wife is entitled to get Rs. 6551- per month as pension. Their daughter Miss. Lajni applied for admission to M.B.B.S. Course for the year 1990-91 of the Directorate of Medical Education, Government of Kerala. She appeared for the entrance examination, the result of which was published on 27-7-1990. Her rank in the general list is 1331 and she would therefore get admission in the quota allotted for socially and educationally backward communities. Candidates belonging to those communities have to produce the family income certificate. Only candidates whose family income does not exceed Rs. 20.000/- are eligible to be allotted in this category of reservation. Petitioner's grievance is that 5th respondent Village Officer refused to issue the income certificate on the basis of the pension amount drawn by him and his wife which is the "real income" whereas he offered to give a certificate on the basis of the income for year ending 31-3-1990, which does not reflect real state of affairs. Petitioner's daughter will get admission in the reservation quota if the real income is reckoned and only if he is able to produce the income certificate showing an income below Rs. 20,000/-. The non-issue of the certificate by the Village Officer will adversely affect her career. Petitioner has therefore filed this original petition seeking the following reliefs: 1. Issue a writ of mandamus or appropriate writ or order directing 5th respondent to issue a true and correct income certificate to petitioner and his family during the current year that is from 1-4-1990 to 31-3-1991, and ii. Declare that the income of the petitioner's family for the purpose of reservation under quota for the M.B.B.S. Course relating to socially and educationally backward community (muslims) is below Rs. 20,000/- per annum. 2. Declare that the income of the petitioner's family for the purpose of reservation under quota for the M.B.B.S. Course relating to socially and educationally backward community (muslims) is below Rs. 20,000/- per annum. 2. The petition came up for admission before Chettoor Sankaran Nair j.who felt doubt as to whether it is possible to direct the respondent to issue a certificate in respect of a period yet to come. Since the question is one of frequent recurrence the learned single judge felt that an authoritative pronouncement is required. That is how the petition has come up before us. 3. Learned counsel for petitioner Sri. Govind Bharathan urges that socially and educationally backward communities are conferred with certain benefits provided their annual family income is below Rs.20,000/-. This income according to the counsel is the (real) income actually earned by the family members. The petitioner and his wife are the only earning members in the family. Both of them retired on 31-3-1990. The actual income earned, according to counsel, is the pension drawn by petitioner and his wife. The total amount of pension for a year will be less than Rs. 20,000/-coming within the prescribed limit. Counsel therefore seeks a direction to Village Officer to issue an income certificate showing the (real) income of the family, at less than Rs. 20,000/- so as to enable him to produce the same before the authorities in order to get his daughter admitted in one of the Medical Colleges. On the other hand, learned Government Pleader sought to sustain the stand of the Village Officer 4. Before considering the contentions raised on both sides, it would be 1 advantageous to refer to the prospectus issued by the Director of Medical Education and the orders issued by the Government of Kerala. The prospectus Ext. P2 mentions about the eligibility of candidates belonging to socially and educationally backward communities, whose annual family income is below Rs. 20.000/-. They have to produce a community certificate and income certificate in the Performa given in the application for admission to, the M.B.B.S Course. The guidelines for issuing the income certificate were prescribed by the Government as per Ext. P4, G.O. (MS) No.192/85/RD dt. 23-3-1985. The/ guidelines are shown as an appendix to that G.O.One of the purpose of the income certificate is for securing seats in the quota reserved in Professional Colleges. for the socially and economically backward classes. The guidelines for issuing the income certificate were prescribed by the Government as per Ext. P4, G.O. (MS) No.192/85/RD dt. 23-3-1985. The/ guidelines are shown as an appendix to that G.O.One of the purpose of the income certificate is for securing seats in the quota reserved in Professional Colleges. for the socially and economically backward classes. "Income" means the regular income, actually earned by the family members. Family means, a family consisting of (1) applicant (2) parents/ guardian and (3) unmarried brothers and sisters/ dependent, unmarried sons and daughters living together in the same house, widowed daughters actually dependent on the family. It is clarified that the income of the family living together alone need be reckoned and that income of unmarried daughters and unmarried brothers and sisters as the case may be should be reckoned for calculating family income. The different sources of income for the purpose of income certificate are enumerated in the guidelines. They are: (1) income from salary (2) income from pension (3) income from business (4) income of persons employed abroad (5) income of daily labourers (6) income from property and (7) income from rented buildings. Dearness allowance, H.R.A., Special pay, deputation pay/allowances etc. will be excluded for calculating salary income. The amount excluding the amount of commutation will be taken into account for the purpose of income certificate in the case of pensioners. The pension will be assessed on the basis of the pension payment order. The income from property will include the income from produce viz, coconut, paddy etc 5. The income envisage din the guidelines is the income "actually earned" and it must also be the regular income. Petitioner and his wife having retired from service on31-3-1990, their income has been reduced considerably since then and the income for the year 1990-91 would not be the same as that of the previous year. In other words, the real actual income is below the prescribed minimum since the date of retirement. The computation of income of the year 1989-90 for issuing the income certificate would be reckoning an unreal state of affairs and virtually denying the petitioner's daughter the benefit conferred on a socially and educationally backward community in Kerala. That could have been done provided the income for the current year, i.e. 1990-91 is also the same. It is not so, in view of subsequent or supervening events. That could have been done provided the income for the current year, i.e. 1990-91 is also the same. It is not so, in view of subsequent or supervening events. The phrase "income actually earned" means an ascertained sum, according to the learned Government Pleader and that can only refer to the year previous to the year in which the income certificate is issued. But the guidelines issued by the Government have made it clear that the income actually earned should also be the regular income of the family. When the income of the family has been reduced to one half or less since 31st of March, 1990 their income has ceased to be regular and the change in income should be reckoned, by the Village Officer in issuing the income certificate. The regular income of the family of the candidate as on the date of the application is the 'real income' earned or accrued and that is the income actually earned by them which is the relevant factor that should be looked into by the Village Officer and he has to show that income in the income certificate. 6. The authorities were aware of the possibility of the change in income. There can be either an increase or a decrease in the income. What is to be taken into account is the regular or real income which the family actually earned or is likely to earn. It is anticipating a change of income and the possibility of a reduction or increase that the authorities had qualified the word income with the adjective regular. In other words, the adjective regular has been added to enable persons like petitioner to avail of the benefits when the real income earned has become reduced and has thus ceased to represent the real or correct state of affairs. 7. Learned Government pleader argues that the request made by the petitioner is for a certificate for an anticipated income and that the Village Officer cannot grant a certificate on the basis of such anticipated income. It is pointed out that the pension income of petitioner and his wife relates to the period from 1-4-1990 onwards and that income is yet to be earned whereas a certificate can be issued on the basis of the income of the previous year which is an ascertained sum. It is pointed out that the pension income of petitioner and his wife relates to the period from 1-4-1990 onwards and that income is yet to be earned whereas a certificate can be issued on the basis of the income of the previous year which is an ascertained sum. It is the contention of the Government Pleader that the Village Officer cannot foresee the future income and as per the guidelines issued by the Government which are to be followed by the Village Officer the income certificate can be issued only on the basis of the income actually earned by the family. The intention of petitioner, according to the Government Pleader, is to get a certificate showing a lesser income in order to enable his daughter to get admitted in the Medical College. The income envisaged in the guidelines means income accrued, according to the Government Pleader. Such an inference could have been drawn provided the qualification of the word income by the adjective regular is absent in the guidelines. The intention of the authorities as we could see from the phraseology used in the guidelines is to enable persons like petitioner also to avail of the benefits of reservation. 8. There can be instances of the income being reduced in the current year or the income getting enhanced. There may be instances where a person who was not having any income on 31st of March of the previous year gets employment on the first of April or thereafter and was drawing salary regularly since then. A question may arise as to what is the income actually earned by him. If the income of the previous year is taken into account his annual income may be zero. That may be more than Rs.20,000/- in the current year depending on the salary drawn by him. If such income excluding the admissible deductions enumerated in the guidelines is Rs.20,000/- or more he is taken out of the category of the eligible persons. Even here the question to be considered is what is the regular or real income actually earned by him or likely to be earned by him. On the date of the application he is a person getting regular income even though he would have drawn salary only for two or three months in that financial year. Even here the question to be considered is what is the regular or real income actually earned by him or likely to be earned by him. On the date of the application he is a person getting regular income even though he would have drawn salary only for two or three months in that financial year. Similarly the income which exceeded Rs.20,000/- in the previous year could have been reduced on account of loss of employment or due to superannuation or for other reasons. It will be un just to deny them the benefits on a hyper technical interpretation of the definition of income contained in the guidelines. The purpose of the Government order has to be given full effect to. The intention is to give benefits to persons whose income is below a particular limit. When the income of petitioner is reduced below the limit, due to supper-annotation and when his income has been reduced considerably since 31-3-1989 it will be unjust and unrealistic to rely on the income of the previous year to ascertain the income actually earned for the purpose of issuing the income certificate. 9. We are therefore of the view that in appropriate cases the income of the current year also will have to be reckoned in the matter. They are cases in which the family had no regular income in the previous year or if there has been a change in income in the current year due to subsequent or supervening events, as a result of which one is either included within the category of eligible persons or is taken out of it. In this perspective, we hold that the income of the family of petitioner for the year 1990-91 should be taken for ascertaining the income for the purpose of issuing the income certificate. Both the petitioner and his wife retired from service on 31-3-1989. As per the guidelines the pension will be assessed on the basis of the pension payment order. A copy of the pension payment order issued to petitioner has been produced as Ext.P11 from which it is seen that the monthly pension sanctioned to him is Rs.492/-. Petitioner's wife had not received the pension payment order at the time of filing the petition. It is averred in the petition that she is entitled to get a pension of Rs.655/- per month after commutation. Petitioner's wife had not received the pension payment order at the time of filing the petition. It is averred in the petition that she is entitled to get a pension of Rs.655/- per month after commutation. The guidelines make it clear that the amount excluding the amount of commutation will be taken into account for the purpose of income certificate. Sri. Govind Bharathan, learned counsel for petitioner, has informed us that the pension payment order would be received within a short time and that petitioner would be in a position to produce the same before the Village Officer. Even otherwise the pension due to petitioner's wife could be calculated on the basis of the last pay drawn by her. Whatever that be the Village Officer who is the authority to issue the income certificate can do so only on the production of the pension payment order from which alone the actual income of the person can be ascertained. On the basis of the averment in the petition it is clear that the total annual income of the family is only Rs. 13.754/- which is far less than the limit prescribed by the authorities. 10. Learned counsel for petitioner brought to our notice the judgment of a learned single judge of this Court in O.P, 5061 of 1987. That also was a petition for the same relief. In that case a certificate had been issued by the Village Officer certifying the income to be Rs.28,590/- on the basis of the income of the previous year. Petitioner therein had retired from service on 31-3-1987. He sought a direction to issue a certificate on the basis of his income during the period commencing from 1-4-1987. At the time of hearing petitioner limited his prayer to a request that the Village Officer may be directed to make an endorsement in the income certificate that petitioner had retired from service on 1-4-1987 and thereafter was getting only a monthly pension of Rs.380/-. On the basis of this representation the limited prayer of petitioner therein was granted and the question whether that certificate is acceptable and whether that is sufficient for petitioner to secure admission for his daughter in the reserved quota were not decided in that case. The point mooted herein was not considered or adjudicated in the said decision. 11. Having found that the current income of the family, viz. The point mooted herein was not considered or adjudicated in the said decision. 11. Having found that the current income of the family, viz. the income for the year 1990-91 is the one to be taken into account in the present case for the purpose of issuing income certificate we direct the Village Officer, 5th respondent to issue the income certificate to the petitioner on the basis of the pension payment orders relating to petitioner and his wife. The counter affidavit filed by the first respondent contains an averment that petitioner and his wife are getting income from properties. That also forms part of the income to be taken into account. It will be open to the Village Officer to ascertain the income from the properties of petitioner and his wife and take that also as the income of the family. In the result the original petition is allowed. We issue a writ of mandamus directing the 5th respondent to issue the income certificate to the petitioner and his family, reckoning the current income, that is the income for the year 1-4-1990 to 31-3-1991. The petition is allowed to this extent. No costs.