Arya Anandan v. State of Kerala and Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. ASHA
Judgment Date: 2020-10-08
Court Decision / Holding: Writ petition dismissed. No relief to the petitioner; the application cannot be treated as valid without the requisite documents, and the belated non-creamy layer certificate cannot enable reservation.
Final Disposition: Writ petition dismissed.

Parties to the Case

Appellants / Petitioners

Arya Anandan

Respondents

State of Kerala
Commissioner for Entrance Examination, Kerala Law Entrance Examination (KLEE)
Principal, Government Law College, Ayyanthole, Thrissur

Legal Representation & Advocates

Counsels for Petitioners

• Sri. B. Raghunathan
• Sri. M. Salim
• Sri. Stanly Chazhoor
• Sri. K. Jaladhar an
• Sri. V. M. Jacob

Counsels for Respondents

• Sri. V. Manu (Senior Government Pleader)

Case Synopsis & Summary

The petitioner, Arya Anandan, filed this writ petition challenging the admission process for the five-year integrated LLB course conducted by the Commissioner for Entrance Examinations, Kerala. She claimed reservation under the SEBC category as a Hindu Ezhava, but could not produce the non-creamy layer certificate with her application because of an inadvertent misstatement of family income. She subsequently produced Ext.P5, a non-creamy layer certificate dated 05.10.2020, and asserted entitlement to reservation in Government colleges. The government and the entrance-examination authorities argued that the applicant had to upload the non-creamy layer certificate at the time of submitting the application, and that the prospectus and notifications clearly required the documents in support of SEBC claims to be uploaded and cured within the specified windows. Prolonged COVID-19 disruptions had extended curing opportunities, but the petitioner did not utilize them in a timely manner. In his judgment, the learned judge notes the sequence of notifications from 28.01.2020 to 19.08.2020 and the two allotment phases, stressing that the final category lists were published on 19.08.2020 and the defect-curing period closed before 14.08.2020 and 16.07.2020. Citing earlier Kerala decisions, including Sainulabdin v. State of Kerala, the court held that an application without the requisite documents cannot be treated as valid, and that belated documents cannot validate a reservation claim. Consequently, the writ petition is dismissed for lack of compliance.

Provisions of Law Cited

Clause 9(b)(ii) and (iii) of the prospectusClause 6 of the prospectus

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends she sought SEBC reservation and relied on being Hindu Ezhava; she inadvertently misstated income; she submitted Ext.P5 non-creamy layer certificate dated 05.10.2020 and seeks admission under SEBC after late certification. She points to the Covid-19 disruptions and the multiple notifications extending opportunities to cure defects and upload documents.

Contentions of Respondents

The respondents contend that the prospectus and notifications mandated uploading the non-creamy layer certificate with the application and curing defects within set windows; without such documents, SEBC reservation cannot be claimed, and belated certification cannot validate the application.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Sainulabdin v. State of Kerala	1995 KHC 362	Positive	Cited to support that an application without the requisite documents cannot be treated as valid under the prospectus.
W.P.(C) No.16518/2020	W.P.(C) No.16518/2020	Positive	Judgment dated 12.08.2020 relied upon; the related issues and holdings are consistent with dismissal in similar proceedings.
W.A. No.1080/2020	W.A. No.1080/2020	Positive	Affirmed the judgment in W.P.(C) No.16518/2020; referenced as part of the chain leading to dismissal.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942** ## **WP(C).No.21180 OF 2020(V)** ## **PETITIONER:** **ARYA ANANDAN, AGED 18 YEARS, D/O.SHRI.ANANDAN.O.R, ODAYATTIL HOUSE, KARYATTUKARA, ELTHURUTH, THRISSUR-680611.** **BY ADVS. SRI.B.RAGHUNATHAN SRI.M.SALIM SRI.STANLY CHAZHOOR SRI.K.JALADHARAN SRI.V.M.JACOB** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 COMMISSIONER FOR ENTRANCE EXAMINATION, KERALA LAW ENTRANCE EXAMINATION (KLEE), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.** - **3 PRINCIPAL, GOVERNMENT LAW COLLEGE, AYYANTHOLE, THRISSUR-680003. BY ADV. SRI.V.MANU, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) No.21180 of 2020** **2** ## **JUDGMENT** **The petitioner, had submitted an application for appearing in the entrance examination conducted by the Commissioner for entrance examination for admission to integrated Five Year LLB Course. She has filed this writ petition stating that she could not produce the non-creamy layer certificate along with the application though she had claimed reservation under SEBC quota, as she belongs to Hindu Ezhava community.** **2. According to her by an inadvertent mistake, she has stated her family income as Rs.8 lakhs, whereas the same was only Rs.3 lakhs. Producing Ext.P5 non-creamy layer certificate issued on 05.10.2020, petitioner claims admission in the reservation quota for SEBC in any of the Government Colleges in Kerala.** **3. The learned Government Pleader points out that the proceedings for admission started with a** **W.P.(C) No.21180 of 2020** **3** **press release issued by the 2[nd] respondent on 28.01.2020 informing the candidates that they should obtain the non-creamy layer certificates, in case they claim reservation under the SEBC/OEC quota. The prospectus, which was approved by Government on 03.03.2020 also provided in clause 9(b)(ii) and (iii) that the candidates, who claim reservation under SEBC quota shall invariably upload the non-creamy layer certificate (issued for State Education purpose only) from the Village Officer concerned in the prescribed format. By notifications issued on 04.03.2020, the candidates were again alerted that the candidates shall collect all the requisite certificates in support of their claims in advance and be prepared for uploading the same, as and when notification inviting online applications is issued. Thereafter in the notification issued on 07.03.2020 inviting applications for entrance examination for** **W.P.(C) No.21180 of 2020** **4** **admission to integrated five year course, the candidates claiming reservation under SEBC quota were asked to upload the non-creamy layer certificate, along with other documents. As per notification dated 18.05.2020, one more opportunity was given to those who could not submit applications consequent to the outbreak of Covid-19 pandemic, informing that the website would be kept open from 18.05.2020 to 20.05.2020 to furnish fresh online applications and permitting those who had already registered and candidates, who completed or could not complete final submission, to cure the defects after entering the candidates portal in the website. Thereafter as per notification dated 07.07.2020, the candidates were alerted to click their memo detail in their profile page in order to check the defects if any in their applications and granting time for curing the defects till 16.07.2020. By notification dated 07.08.2020, the** **W.P.(C) No.21180 of 2020** **5** **results were published and provisional categorywise lists were published as per notification dated 13.08.2020. In this notification, it was stated that the claim for reservation of those candidates, who have not uploaded relevant documents as stipulated in clause 6 of the prospectus, had been withheld and the defects can be rectified before 4:00 pm on 14.08.2020. Thereafter by notification dated 19.08.2020, the final category-wise lists of candidates, who have qualified for the Five Year LLB Course-2020, were published.** **4. It is further stated that the first phase of allotment was published as per notification dated 21.08.2020, based on online options submitted by candidates. The candidates were directed to complete the process of virtual admission before 26.08.2020. The second phase of allotment was published as per notification dated 10.09.2020 and the last date for joining the** **W.P.(C) No.21180 of 2020** **6** **College was 19.09.2020. Notification inviting options for third phase of allotment, was issued on 02.10.2020 fixing 06.10.2020 as the last date for option confirmation and fixing the date of publication of the third phase of allotment as 10.10.2020.** **5. Despite the opportunities, which were available to petitioner on the basis of the notifications mentioned above, petitioner did not take care either to obtain a non-creamy layer certificate or to cure the defects in her application, in time and to upload such certificate. It is seen that she could obtain a non-creamy layer certificate only on 05.10.2020, when the time for availing the opportunities for curing the applications and curing the defects and even the 2[nd] allotment was over.** **6. I have already considered similar cases in my judgment dated 23.09.2020. Following the judgment dated 12.08.2020 in W.P.(C)** **W.P.(C) No.21180 of 2020** **7** **No.16518/2020, which is affirmed in the judgment dated 14.08.2020 in W.A. No.1080/2020, those writ petitions were dismissed. The judgment in** _**Sainulabdin v. State of Kerala**_ **[1995 KHC 362], was also followed, in which the Division Bench of this Court held that an application submitted without producing the relevant documents, contrary to the provisions in the prospectus cannot be treated as valid application.** **In the prospectus, it is made clear that the documents in support of the same have to be produced along with the application and the petitioner can not claim reservation under SEBC without uploading the non-creamy layer certificate. In the present case, the petitioner never produced non-creamy layer certificate and never made any attempt to upload it at the relevant time. Therefore at this stage no direction can be given to 2[nd] respondent to permit her to upload her non-creamy layer certificate or** **W.P.(C) No.21180 of 2020** **8** **to treat her as a candidate eligible for reservation based on the certificate obtained by her on 05.10.20. Therefore the petitioner does not deserve any relief in this writ petition.** **Accordingly, the writ petition is** **dismissed.** **Sd/P.V.ASHA JUDGE** ww **W.P.(C) No.21180 of 2020** **9** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO INTEGRATED FIVE YEAR LLB COURSE, KERALA 2020-21 APPROVED BY GO(MS)NO.99/2020/HEDN DATED 3.3.2020 (RELEVANT PORTION).** **EXHIBIT P2 TRUE COPY OF THE ADMIT CARD DATED 21.06.2020 ISSUED BY 2ND RESPONDENT TO PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE SELECT LIST (RESULT OF ENTRANCE EXAMINATION), DATED 6.8.2020 (RELEVANT PORTION).** **EXHIBIT P4 TRUE COPY OF THE PROFILE NOTING DEFECT IN NON-CREAMY LAYER CERTIFICATE OF PETITIONER.** **EXHIBIT P5 TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE DATED 5.10.2020 ISSUED BY VILLAGE OFFICER, ARANATTUKARA VILLAGE.** **EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 17.9.2020 TO 2ND RESPONDENT.**