Linta Rachel v State of Kerala and The 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.25542 OF 2020** ## **PETITIONER:** **LINTA RACHEL AGED 21 YEARS D/O. WILSON M.P, RESIDING AT MEENKARAVILA, POOKKOTTUMPADAM P.O, MALAPPURAM, KERALA 679 332** **BY ADVS. SRI.VISHNU BHUVANENDRAN SMT.B.ANUSREE** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANNATHAPURAM 2 THE COMMISSIONER OF ENTRANCE EXAMINATIONS, ENGINEERING/MEDICAL ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA, HOUSING BOARD BUILDING, STATUE, THIRUVANANTHAPURAM 695 001** ## **OTHER PRESENT:** ## **SR.GP.SRI.V.MANU** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.25542 OF 2020** 2 ## **J U D G M E N T** This writ petition is filed by a candidate who submitted application for NEET (UG) and KEAM 2020. She is Rank No. 21527 in KEAM rank list and Rank No.2218 in the category list of All Christian. She belongs to Backward Christian community which is a Socially and Educationally Backward Community ((SEBC) eligible for reservation. In Ext.P5 confirmation page the category claimed is shown as Backward Christian. But when the KEAM rank list for medical and allied courses she was included as All Christian. Petitioner states that she had uploaded Ext.P5 noncreamy layer certificate issued by the Village Officer on 11.02.2020, (for the purpose of appointment to posts under Government of Kerala and its organizations and Institutions). It is stated that she came to know about her inclusion in the All Christian only after the category list was published. **WP(C).No.25542 OF 2020** 3 Producing Ext.P6, which is an investigation report of the Village Officer issued on 16.11.2020, stating that petitioner belongs to BX community and a Noncreamy Layer certificate for KEAM was allowed, petitioner claims that she should be included in the category list of BX, as she has not committed any mistake. 2. I have already considered a series of 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.No.1183/2020, judgments in W.P.(C).Nos.23360/2020, 21474/2020, etc, and those judgments are affirmed by the Division Bench in its judgment in W.A.No.1404 of 2020. 3. In those cases the procedure followed by the Commissioner for Entrance Examinations was explained by 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 **WP(C).No.25542 OF 2020** 4 notification dated 07.11.2019 announced the schedule of entrance examination for KEAM 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 **WP(C).No.25542 OF 2020** 5 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 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 **WP(C).No.25542 OF 2020** 6 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 Non-creamy 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 28.02.2020 informing that there **WP(C).No.25542 OF 2020** 7 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 **WP(C).No.25542 OF 2020** 8 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 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 **WP(C).No.25542 OF 2020** 9 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 2020-21 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 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 **WP(C).No.25542 OF 2020** 10 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.” 4. 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 **WP(C).No.25542 OF 2020** 11 the Prospectus as well as in the application form. 5. 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. It is pertinent to note that even in this writ petitioner did not produce the correct Non-creamy Layer certificate for State education purpose. What is produced is only an investigation report. The petitioner also who did not avail the innumerable opportunities given by the Commissioner for Entrance Examinations, to cure the defects, by uploading the requisite certificate as provided in the prospectus cannot be granted any relief at this stage. When I **WP(C).No.25542 OF 2020** 12 have dismissed even the writ petitions where the candidates approached this Court even at an earlier stage, with similar pleas and producing the requisite certificate obtained after the expiry of the time granted by the respondents and those judgments are upheld by the Division Bench (see the judgments in W.P.(C).No.21439 of 2020 and connected cases which is affirmed in the judgments in W.A.No.1404 of 2020), the petitioner who is yet to obtain the requisite certificate cannot be granted any relief in this writ petition. Accordingly, this writ petition is dismissed. Sd/- ## **P.V.ASHA, JUDGE** AS **WP(C).No.25542 OF 2020** 13 ## **APPENDIX** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 THE TRUE COPY OF THE NEET SCORE CARD** **EXHIBIT P2 THE RELEVANT PAGE OBTAINED FROM THE CANDIDATE PROFILE SHOWING THE QUALIFIED STATUS OF THE PETITIONER IN THE NEET EXAMINATION** **EXHIBIT P3** **THE TRUE COPY OF THE NEET (UG)-2020 RESULT SUBMISSION REPORT** **EXHIBIT P4** **THE TRUE COPY OF THE CONFORMATION PAGE OF KEAM 2020** **EXHIBIT P5** **THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 11-02-2020** **EXHIBIT P6** **TRUE COPY OF THE INVESTIGATION REPORT OF THE VILLAGE OFFICER FOR ISSUING A NON-CREAMY LAYER CERTIFICATE.**