Anushka D.A. v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942** ## **WA.No.1404 OF 2020** ## **AGAINST THE JUDGMENT IN WP(C) 21474/2020(H) OF HIGH COURT OF KERALA** ## **APPELLANT/PETITIONER:** **ANUSHKA D.A., D/O.AJESH, VINAYAKA, OPP.HEALTH CENTER, AKG NAGAR,PANGAPPARA.P.O. THIRUVANANTHAPURAM – 695 581** **BY ADV. SRI.P.RAVEENDRAN PILLAI** ## **RESPONDENTS/RESPONDENTS:** - 1 **STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM** - **2 THE COMMISSIONER OF ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, FIFTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM – 695 001** - **3 TAHASILDAR, TALUK OFFICE, THIRUVANANTHAPURAM – 695 001 4 THE VILLAGE OFFICER, PANGAPPARA VILLAGE OFFICE, THIRUVANANTHAPURAM – 695 581** - **5 THE VILLAGE OFFICER, ATTIPRA VILLAGE OFFICE, THIRUVANANTHAPURAM – 695 583** ## **SRI. SURIN GEORGE IPE , SR. GP FOR RESPONDENTS** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WA.No.1404 OF 2020 2 ## **JUDGMENT** ## **SHAJI P. CHALY,J** This appeal is preferred by the writ petitioner challenging the judgment in W.P.(C) No.21474/2020 dated 16.10.2020, which was dismissed along with other connected writ petitions. The subject issue relates to non-production of Non-Creamy Layer Certificate in the Kerala Engineering/Pharmacy/Architecture/Medical and Medical Allied Courses (KEAM) 2020. According to the appellant, appellant belongs to Non-Creamy Layer and obtained a Non-Creamy Layer Certificate in the prescribed format bearing No.A9/32346/19.Dis. Dated 11.11.2019 issued by the Tahsildar, Taluk Office, Thiruvananthapuram, the 3[rd] respondent, which was utilized by the appellant for the purpose of applying for KEAM-2020. 2. According to the appellant, even though the said certificate was accepted for NEET-2020, it was rejected by the 2[nd] respondent holding that the Non-Creamy Layer Certificate need to be obtained from the Village Officer and not Tahsildar. Case of the appellant is that, appellant has thereupon submitted an application before the Village Officer, Pangappara Village Office, Thiruvananthapuram, the 4[th] respondent herein on 11.9.2020. However, it is submitted that the Village Officer went on leave from 15.9.2020 and has WA.No.1404 OF 2020 3 resumed office only on 6.10.2020 and on 6.10.2020 when the appellant went to the office of the 4[th] respondent, she was informed that the Village Officer, Attipra Village Office, is the appropriate officer and thereupon a fresh application was submitted and secured the certificate from the 5[th] respondent on 7.10.2020. However, by the time on 29.9.2020, the provision for uploading documents in the website was closed. Thereupon appellant has submitted Ext.P7 representation before the Commissioner of Entrance Examinations, Thiruvananthapuram, seeking to accept the Non-Creamy Layer Certificate from the appellant and consider her application in the reserved quota. According to the appellant, no action was taken and which persuaded the appellant to approach this court by filing the writ petition. 3. The learned Single Judge after taking into account the factual and legal circumstances involved in the matter has dismissed the writ petition after holding as follows in paragraphs 8 & 9: “8. It is seen that none of the petitioners have produced the certificates as required in clause 5.4.2(a) and (b) of the prospectus which was published on 02.02.2020, where it is specifically stated that they have to upload the certificates as required in Annexure V of the G.O.(P) No.1/2015/BCDD dated 19.01.2015 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, there was sufficient time available for the WA.No.1404 OF 2020 4 petitioners to apply and obtain the certificate along with their application itself before 29.02.2020 well before the outbreak of Covid19 pandemic and even thereafter when opportunities were provided several times till 24.09.2020 each time alerting that no further opportunity would be given. Though it is quite unfortunate for the petitioner in W.P.(C) No. 21474 of 2020, that she could not avail the opportunity made available from 24.09.2020 to 28.09.2020 when her application was pending from 11.09.2020, a further opportunity cannot be directed to be given to the candidates by this court, when the competent authority has fixed the dates and has given multiple chances to the candidates. Those who apply for professional degree courses should be vigilant enough to submit their applications along with the requisite documents as required in the prospectus. Along with the application the candidates are submitting a declaration (as seen from the confirmation page) to the effect that they have downloaded and read various clauses in the prospectus and agreeing to abide by them. In case they had read and understood the provisions in the prospectus properly they would have submitted the relevant certificates along with the application itself or would have got it cleared when opportunities were given further. 9. 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. In the judgments in W.P.(C).No. 16518/2020, 17368/2020 and 20844/2020 also similar claims were rejected. It is also pertinent to note that in the judgment in **Sainulabdin** **v. 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 WA.No.1404 OF 2020 5 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. Though Sri. Praveen, the learned counsel for the petitioner in one of the writ petitions relied on the judgment reported in **Chairman NRI Service and Educational Trust v Kerala University of Health Service and others** [2014(3) KLT 312] and argued that the petitioner should be treated as a candidate eligible for reservation, in the light of the judgments of the Division Benches in 1995 and also in 2020, the said contention cannot be accepted. There are sufficient number of candidates who have submitted the valid claims for reservation uploading the requisite documents at the relevant time. In view of the above circumstances, I am of the view that petitioners do not reserve any relief in these writ petitions. Accordingly these writ petitions are dismissed. ” 4. Anyhow the ground raised by the appellant in the appeal is that it was not due to the fault of the appellant that the certificate could not be produced in time but since the 4[th] respondent Village Officer went on leave after submitting the application for Non-Creamy Layer Certificate, the certificate could not be obtained and uploaded in the website on time. According to the appellant, the Commissioner of Entrance Examinations was duty bound to accept the Non-Creamy Layer Certificate from the appellant and was duty bound to consider the same along with other applications in the reserved category. It is also pointed out that, the time for uploading necessary WA.No.1404 OF 2020 6 certificates in the quota of Non Resident Indians was granted upto 14.10.2020 and therefore, there is discrimination on the part of the Commissioner of Entrance Examinations in treating the appellant different from the Non Resident Indians. That apart it is pointed out that no manner of prejudice will be caused to anyone, if the certificate is accepted from the appellant even at a belated stage. 5. We have heard Adv.P.Raveendran Pilla for the appellant and Sri.Surin George Ipe, learned Senior Government Pleader, for respondents and perused the pleadings and materials on record. 6. The sole issue for consideration is whether any manner of interference is required to the judgment of the learned Single Judge ? Apparently in the prospectus issued, time limits were fixed for submitting the application and uploading documents required to consider the applications in reserved category and others. Even according to the appellant, the Non Creamy Layer Certificate submitted by the appellant was issued by the Tahsildar, Thiruvananthapuram Taluk Office, whereas as per the prospectus, the Non Creamy Layer Certificate was to be produced from the Village Officer of the Village concerned. Anyhow appellant came to know about the defect on 11.9.2020 and has submitted application before a wrong Village Officer i.e, Village Officer, Pangappara Village Office, Thiruvananthapuram instead of Village Officer, Attipra Village Office. Anyhow the last date for uploading the WA.No.1404 OF 2020 7 certificate was 29.9.2020 and the appellant could secure the certificate finally from the Village Officer concerned only on 7.10.2020. The submission of the application seeking Non-Creamy Layer Certificate before a wrong Village Officer was not a contributory factor to find fault with the Commissioner of Entrance Examinations. Case of the appellant is that, the Village Officer of Pangappara Village went on leave immediately after submitting the application and resumed office only on 6.10.2020. But the Village Officer, Pangappara Village Office was not the Village Officer concerned so far as the appellant is concerned and it was the Attipra Village Officer, who had to issue certificate to the appellant. That apart when a time limit is fixed in accordance with the prospectus issued, all are duty bound to upload the certificate in accordance with the schedule contained in the prospectus. Admittedly appellant could not upload the certificate on or before 29.9.2020. 7. The question with respect to the consequences leading to non submission of certificates within the time was considered by this Court in W.A.No.1080/2020 and W.A No.1183/2020 and has rendered judgments dated 14.8.2020 and 14.9.2020, wherein it was held that the appellants are duty bound to upload the certificates within the time period prescribed in the prospectus by the concerned authority. 8. Taking into account the above said aspects, we are of the considered opinion that the appellant has not made out any case to interfere with the WA.No.1404 OF 2020 8 judgment of the learned Single Judge, there being no jurisdictional error or other legal infirmities justifying interference exercising the power under section 5 of the Kerala High Court Act. Resultantly writ petition fails, accordingly it is dismissed. **Sd/-** **S.MANIKUMAR CHIEF JUSTICE** **Sd/-** smv **SHAJI P.CHALY JUDGE** The typographical error contained in the last portion of the judgment dated 28.10.2020 in the Writ Appeal No.1404 of 2020 that: 'Resultantly writ petition fails, accordingly it is dismissed', is suo motu corrected as: ## ' **Resultantly writ appeal fails, accordingly it is dismissed'** . As per order dated 6.11.2020 in W.A.No.1404/2020. **Sd/-** **DEPUTY REGISTRAR** WA.No.1404 OF 2020 9