AKSHIMA.S.S v. STATE OF KERALA

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942** **WA.No.1446 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 22706/2020(K) OF HIGH COURT OF KERALA** ## **APPELLANT/PETITIONER** **AKSHIMA.S.S AGED 20 YEARS D/O.M.SURESH, THIRUVONAM HOUSE, MELEPATHIYANADU, MULLASSERY, KARAKULAM P.O. NEDUMANGADU TALUK,THIRUVANANTHAPURAM- 695 564** **BY ADVS. SRI.GEORGE MATHEW SRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V.** ## **RESPONDENTS/RESPONDENTS:** > 1 **STATE OF KERALA REP.BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT. GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001 2 DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM - 695 001 3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM- 695 001. 4. THE VILLAGE OFFICER, VILLAGE OFFICE, KARAKULAM, NEDUMANGADU TALUK, THIRUVANANTHAPURAM - 695 564** ## **SR.GP ARAVIND KUMAR BABU** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WA.No.1446 OF 2020 2 ## **JUDGMENT** ## **SHAJI P.CHALY,J** This appeal is preferred by the writ petitioner challenging the judgment of the learned Single Judge in W.P.(C) No.22706 of 2020 dated 22.10.2020, whereby the learned Single Judge dismissed the writ petition holding as follows at paragraphs 5 to 9:- “5. I have considered the rival contentions raised on either side. Admittedly the petitioner has not produced the certificate as required in clause 5.4.2(a) and (b) of the prospectus which was published on 02.02.2020, where it was specifically stated that the certificate as required in Annexure V of the G.O.(P) No.1/2015/BCDD dated 19.01.2015 shall be uploaded and that they should invariably upload the non-creamy layer certificate in the prescribed format for State Government Education purpose obtained from the Village Officer concerned. As rightly pointed out by Sri. V. Manu the learned Senior Government Pleader innumerable opportunities were given to the candidates to cure the defects till 28.09.2020. It is seen that petitioner was not at all vigilant even after sms sent to her mobile number and individual defect memo issued in her profile apart from the notifications issued from time to time between 07.11.2019 and 24.02.2020 when opportunities were provided on multiple occasions each time alerting that no further opportunity would be given. A further opportunity cannot be directed to be given to the candidates by this court. Those who apply for professional degree courses should be vigilant enough to submit their applications along with the 3 ## WA.No.1446 OF 2020 requisite documents as required in the prospectus. It is pertinent to note that the candidates are submitting a declaration along with their application (as seen from the confirmation page), to the effect that they have downloaded and read various clauses in the prospectus, agreeing to abide by them. In case the petitioner had read and understood the provisions in the prospectus properly she would have submitted the relevant certificates along with the application itself or would have got it cleared when opportunities were given further. 6. Moreover similar claims of candidates who did not upload the requisite documents at the relevant time were rejected by the Division Bench, after elaborately considering the procedure adopted by the Commissioner for Entrance Examinations and with reference to the case law on the subject in the judgments in W.A.No.1080/2020 and W.A.No.1183/2020 respectively and in a series of subsequent judgments. In the judgments in W.P.(C) Nos.16518/2020, 17368/2020 and 20844/2020, etc also similar claims were rejected. 7. In the judgment in _**Simi Raj V Commissioner for Entrance Examinations: 1999 KHC 669**_ relied on by the learned Government Pleader, a Division Bench of this court, considered a similar provision contained in the prospectus and it was held that the requirement to produce the community certificate along with the application form is a mandatory requirement in view of the categorical statements in the Prospectus as well as in the application form. 8. It is also pertinent to note that in the judgment in _**Sainulabdin vs. State of Kerala : 1995 KHC 362**_ , relied on by the learned Government Pleader, the Division Bench of this Court has held that failure to submit the income certificate in the form prescribed for that purpose, as provided in the prospectus, along with the application would render the application defective and the candidate cannot seek a remedy on the strength of such a detective application under Article 226 of the Constitution. In the light of the judgment also petitioners cannot be granted any relief. 9. I have already considered and rejected similar claims raised by candidates in identical circumstances, where the candidates failed to 4 WA.No.1446 OF 2020 produce the relevant certificates even by judgment dated 21.10.2020 in W.P.(C) No. 21657/2020. Therefore, I find that petitioner also does not deserve any relief in this writ petition.” 2. It is thus challenging the legality and correctness of such judgment, this writ appeal is preferred. 3. Material facts for the disposal of the writ appeal are as follows:- Appellant applied for appearing in the Entrance Examination of Kerala Engineering, Pharmacy,Architecture,Medical and Medical Allied Courses (KEAM) 2020 as well as National Eligibility and Entrance Test (Undergraduate) NEET(UG) 2020 seeking admission to Undergraduate courses in medical and allied subjects. She belongs to Viswakarma community, which is a socially and educationally backward community (SEBC) eligible for reservation. She secured Ext.P1 Non-Creamy Layer certificate issued by the Tahsildar on 03.12.2019, based on which WA.No.1446 OF 2020 Ext.P2 admit card was issued to her for appearing in NEET (UG) examination held on 13.09.2020. Along with Ext.P3 application for appearing in KEAM 2020, she uploaded Ext.P4 NonCreamy Layer certificate issued by the Tahsildar on 04.02.2020, which was issued for employment purpose. The confirmation page Ext.P5 downloaded from the website of KEAM shows that, she claimed for reservation for SEBC. The case of the appellant is that, she noticed her community status in Ext.P6 profile which was shown as 'General' only on 27.09.2020. Thereupon she obtained Ext.P7 Non-Creamy Layer certificate for educational purpose from the Village Officer of Karakkulam, the 4[th] respondent on 28.09.2020. However, the last date for curing the defect was 28.09.2020 but the appellant did not cure the defect, consequent to the production of an incorrect community certificate as per Ext.P4. 6 ## WA.No.1446 OF 2020 It was accordingly that the appellant approached the writ court seeking the following reliefs:- “ _1. For the reasons stated in the Memorandum of Writ Appeal it is humbly prayed that this Hon'ble Court may be pleased to permit the petitioner to substitute of Ext.P4 with Ext.P7 and direct 3[rd] respondent to effect consequential corrections in petitioner's profile maintained by 3[rd] respondent as per KEAM Prospectus 2020 forthwith, pending disposal of this Writ Petition (c) in the interest of justice._ _2. For the reasons stated in the Memorandum of Writ Appeal it is humbly prayed that this Hon'ble Court may be pleased to stay the publication of State Rank List of Medical-UG Courses based on KEAM Prospectus 2020 pursuant to NEET 2020 results published by NTA, pending disposal of this Writ Petition (c) in the interest of justice.”_ 4. However, the learned Single Judge was of the considered opinion that the appellant could not cure the defect in accordance with the schedule fixed under the prospectus and therefore, there was no legal infirmity on the part of the authorities to consider the request made by the appellant. 5. On going through the judgment of the learned Single Judge, we are of the considered WA.No.1446 OF 2020 opinion that, the learned Single Judge has taken into account the judgments on the said aspects of not curing the defects within the time period prescribed under the prospectus and it was relying upon the same alone, the writ petition was dismissed. 6. Recently, this Court had also occasion to consider a similar situation in W.A.No.1404/2020 and has rendered a judgment on 28.10.2020 holding that, when a time limit is fixed in accordance with the prospectus issued, all participants are duty bound to upload the certificate in accordance with the Schedule contained in the prospectus. Admittedly, appellant has not cured the defect within the time frame fixed under law. 7. In that view of the matter, we are of the considered opinion that, the learned Single Judge was right in dismissing the writ petition 8 WA.No.1446 OF 2020 and declining the reliefs sought for by the appellant. Moreover, the appellant has not made out any case or produced any materials, so as to interfere with the judgment of the learned Single Judge in an intra-court appeal filed under Section 5 of the Kerala High Court Act, 1958. Needless to say appeal fails, accordingly it is dismissed. **Sd/-** **S.MANIKUMAR** ## **CHIEF JUSTICE** **Sd/-** **SHAJI P.CHALY** **JUDGE** **hmh**