Aparna J.A. v. State of Kerala and Commissioner of Entrance Examinations

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942** ## **WP(C).No.25390 OF 2020(W)** ## **PETITIONER:** **APARNA J.A., AGED 20 YEARS, D/O.VISWAMBHARAN, RESIDING AT JATHIKKADAVIL, PERUMBALAM P.O, ALAPPUZHA DISTRICT, PIN-688570.** **BY ADVS. SRI.R.SURAJ KUMAR SMT.SALINI N. SMT.ANJANA R.S. SHRI.NITHESH KUMAR A.N** ## **RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2 COMMISSIONER OF ENTRANCE EXAMINATIONS, 5TH FLOOR, KSHB BUILDING, SS KOVIL ROAD, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN-695001.** ## **BY ADV. SRI.V.MANU, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C).No.25390 of 2020** **2** ## **JUDGMENT** **The petitioner had appeared in the NEET (UG) 2020. It is stated that she belongs to Dheevara community and is eligible for reservation in the Social and Economical Backward Community.** **2. According to her, the Akshaya centre had uploaded a wrong certificate and therefore she was shown in General category in the profile. After the results were published and she got rank no.146797 in the All India Rank and rank no.14652 in the Kerala State Medical rank as per Ext.P4, she came to know that Ext.P8 certificate she had uploaded was different. Ext.P8 Non Creamy Layer certificate was one for State Employment purpose instead of State Educational purpose. Petitioner points out that immediately on coming to know about the mistake committed by the Akshaya centre, she obtained Ext.P9 certificate on 10.11.2020 and approached the Commissioner for Entrance** **W.P.(C).No.25390 of 2020** **3** **Examinations with a representation Ext.P10. According to the petitioner, she belongs to a very poor family and the mistake occurred at the end of the Akshaya centre. Therefore she is liable to be considered as a candidate belonging to Dheevara community eligible for reservation under SEBC.** **3. I heard the learned counsel for the petitioner as well as the learned Senior Government Pleader, Sri.V.Manu for the respondents.** **4. As pointed out by the learned Senior Government Pleader this Court has considered a series of similar cases and rejected similar claims including in the judgment in W.P.(C) No.21474/2020 and connected cases, where after referring to the entire procedure followed by the Commissioner of Entrance Examinations, the claim raised by the petitioners for uploading** **W.P.(C).No.25390 of 2020** **4** **the relevant certificates subsequently were rejected. The said judgment was upheld in W.A.No.1404/2020 dated 28.10.2020.** **5. I have already considered similar cases where the petitioners appeared even at an earlier stage and rejected similar contentions, following the judgments of the Division Bench in W.A.No.1080/2020 and W. A. 1183/2020 in a series of cases, eg. Common judgment in 23360/2020, 21474/2020, etc, and those judgments are affirmed by the Division Bench in its judgment in W.A. 1404 of 2020.** **6. In those cases the procedure followed by the Commissioner for Entrance Examinations were explained by the the learned Senior Government Pleader, Sri.V.Manu, starting from 07.11.2019 which are as follows:** _**“The Commissioner for Entrance Examination had as per notification dated 07.11.2019 announced the schedule of entrance examination for KEAM**_ **W.P.(C).No.25390 of 2020** **5** _**2020. It was followed by another notification issued on 26.11.2019 informing all concerned that the proceedings for submission of application for KEAM 2020 would commence in January 2020 and in order to avail benefits of category/reservation all eligible candidates should upload relevant category certificates along with their Online application form. Another notification was issued on 23.12.2019 again informing the candidates that they should get themselves ready with all the certificates in advance for uploading the same along with their online application, specifically stating that the certificates that would be uploaded along with the online application, alone would be accepted. Applications were invited for KEAM by notification issued on 31.01.2020 specifically providing in Clause 6 that the candidates have to upload their photograph, all the documents and eligibility certificates, certificates in proof of the date of birth, nativity, reservation, etc., on or before 29.02.2020 05.00 p.m. It is stated that the KEAM prospectus was approved by Government on 31.01.2020 and uploaded in the website on 02.02.2020 which contains a specific provision in Note(i) of Clause 5 to the effect that claims for Special/Mandatory reservation should be made by a candidate in the online application itself and supporting documents shall be uploaded to the online application within the stipulated time, specifically**_ **W.P.(C).No.25390 of 2020** **6** _**stating that claims made after the submission of online application will not be entertained and even if supporting evidences are produced the claims for special and mandatory reservation once made in the application cannot be altered by the candidate under any circumstances. Clause 5.4.2 (a) and (b) thereof specifically provided that candidates belonging to socially and economically backward classes (SEBC) should upload to the online application a certificate to the extent that the candidate belongs to the community which is designated as SEBC and does not belong to the category of creamy layer, in the proforma given as Annexure V of the G.O.(P) No. 1/2015/BCDD dated 01.01.2015. It is stated that the communities which are included in SEBC are given in Annexure xi of the prospectus. Sub clause (b) of 5.4.2 provided that candidates belonging to Ezhava, Muslim, other backward Hindu, Latin catholic and Anglo Indian, Dheevara and related communities, other backward Christians and Kudumbi communities claiming reservation under SEBC quota should invariably upload the noncreamy layer certificate in the prescribed format for State government Education purpose obtained from the Village Officer concerned. Another press release was issued on 15.02.2020 alerting the candidates about the last date for submission of applications. By notification dated 24.02.2020 the last date was extended till 29.02.2020. A press release was issued on**_ **W.P.(C).No.25390 of 2020** **7** _**28.02.2020 informing that there will not be any further extension. The petitioners in all these cases have submitted their applications on or before 29.02.2020. Again on 11.05.2020, the Commissioner issued another notification requesting the candidates to verify their profile and rectify the defects and to submit the requests for rectification before 05.00 p.m., on 25.05.2020. On 16.05.2020 individual memos were issued to candidates in their profile pages to cure the defects. The KEAM entrance examination was held on 16.07.2020. On 28.07.2020, another notification was issued informing the candidates that they can view their profiles and check the details of their claim for reservation status and other benefits in their profile and that they can view defects if any in their online applications by clicking the menu item “Memo details” provided in the profile page. The candidates who submitted defective certificates for EWS quota and NRI quota seats also can rectify the defects by submitting corrected certificates in time. However as per notification dated 18.08.2020 another opportunity was given to the candidates till 27.08.2020 to cure the defects in the certificates or documents, stating this time also that no further time would be given. It was followed by another notification issued on 07.09.2020 again granting time to candidates till 10.09.2020 asking them to verify their profile and to rectify defects if any in the**_ **W.P.(C).No.25390 of 2020** **8** _**photograph, signature, fee, documents/ certificates, etc., uploaded along with their applications, alerting them that defects which would be cleared within the specified time alone would be considered for allotting any claim/reservation and that further opportunity would not be given for rectification. The KEAM Scores were published on 09.09.2020 and the rank list for admission to Engineering and Pharmacy courses were published on 24.09.2020. Again in notification dated 24.09.2020 one more opportunity was given to the candidates as a last chance, stating that requests were received from several candidates who uploaded defective certificates. Candidates were asked to view their profile in the portal and to rectify the defects from 25.09.2020 to 28.09.2020 again stating that it would be the last chance. It is stated that the activities relating to central allotment process to Professional Degree Courses for the year 202021 commenced on 30.09.2020 inviting online options for Engineering and Pharmacy courses. The provisional category wise list of candidates who applied for admission to Engineering and Pharmacy courses and who were allowed with eligible communal reservation/ special reservation/ reservation under persons with disability was published on 01.10.2020 and final category list was published on 03.10.2020 on which day trial allotment was also made. It is stated that the first phase of allotment**_ **W.P.(C).No.25390 of 2020** **9** _**commenced on 07.10.2020. The rank list for Architecture course was published on 11.10.2020; category-wise list of candidates for admission to the said course, allowed with reservation was published on 11.10.2020. Options were invited for second round of allotment to Engineering and Pharmacy courses on 12.10.2020. The NEET results were declared on 16.10.2020 and category lists are published. It was also pointed out that each time when opportunities were given to the candidates to cure the defects, they were given intimation by sending individual SMS in the mobile phone numbers given by them, apart from the individual memo issued in their profile pages on 16.05.2020 asking them to cure defects. Moreover there are sufficient number of candidates in the category lists who uploaded the documents in time.”**_ ## **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** **W.P.(C).No.25390 of 2020** ## **10** **the application form is a mandatory requirement in view of the categorical statements in the Prospectus as well as in the application form.** **8. 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 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.** **9. The learned Senior Government Pleader also submitted that the plea of the persons like petitioners that the mistake happened at the end of the Akshaya centre cannot also be correct because facilitation centres were functioning in** **W.P.(C).No.25390 of 2020** **11** **each of the Government schools and various Engineering colleges, in order to instruct and guide students for submitting application under KEAM 2020 and for professional courses. It is also pointed out that the plea raised by candidates similar to petitioner was not accepted by the Division Bench in the judgment in W.A.1183/2020.** **Therefore petitioner cannot also be granted any relief in this writ petition. Petitioner should have been vigilant when she decided to submit the application for Entrance Examination, in order to pursue her studies in a professional college.** **Accordingly, the writ petition is** **dismissed.** **Sd/-** ww **P.V.ASHA JUDGE** **W.P.(C).No.25390 of 2020** **12** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF INSTRUCTIONS AND PROCEEDINGS FOR ONLINE APPLICATION FORM NEET (UG), 2020 DATED NIL.** - **EXHIBIT P2 TRUE COPY OF THE CONFIRMATION PAGE EVIDENCING THE SAME DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 2ND RESPONDENT.** - **EXHIBIT P3 TRUE COPY OF THE ADMIT CARD DATED NIL OF THE PETITIONER.** - **EXHIBIT P4 TRUE COPY OF THE RESULT OF THE PETITIONER WHICH WAS DOWNLOADED FROM THE OFFICIAL WEBSITE OF 2ND RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE SCORE CARD ISSUED BY THE NATIONAL TESTING AGENCY, DOWNLOADED FROM THE OFFICIAL WEBSITE OF MINISTRY OF EDUCATION, GOVERNMENT OF INDIA DATED NIL.** - **EXHIBIT P6 TRUE COPY OF THE CASTE CERTIFICATE DATED 08-02-2018 ISSUED BY THE VILLAGE OFFICER, PERUMBALAM.** - **EXHIBIT P7 TRUE COPY OF THE INCOME CERTIFICATE DATED 05-02-2020 ISSUED BY THE VILALGE OFFICER, PERUMBALAM.** - **EXHIBIT P8 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE WHICH CONTAINS THE PURPOSE AS STATE MEPLOYMENT BY MISTAKE.** - **EXHIBIT P9 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE DATED 10-11-2020.** **EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 1011-2020.**