Prabita M.P. v. State of Kerala and Commissioner for Entrance Examinations

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942** ## **WP(C).NO.22655 OF 2020(F)** ## **PETITIONER:** **PRABHITA M.P, AGED 20 YEARS S/O.PRAKASH.M, MUTTATHAYYATH HOUSE, MANICHIRA, SULTHAN BATHERY, POOMALA P.O., WAYANAD-673592.** **BY ADVS. SRI.JOSE ABRAHAM(J-1406) SRI.E.ADITHYAN** ## **RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HIGHER EDUCATION, DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **2 COMMISSIONER FOR ENTRANCE EXAMINATION, KERALA ENGINEERING ARCHITECTURE MEDICAL EXAM(KEAM), HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.** ## **OTHER PRESENT:** **SR.GP.SRI.V.MANU** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).NO.22655 OF 2020(F)** 2 ## **J U D G M E N T** The petitioner submitted applications for appearing in the entrance examinations for admissions to Kerala Engineering/Pharmacy/Architecture/Medical and Medical Allied Courses (KEAM) 2020 and National Eligibility and Entrance Test (NEET) UG for admissions to undergraduate professional medical courses. In Ext.P1 application submitted by her on 01.02.2020 for KEAM, she did not claim any reservation though she belongs to Hindu Ezhava community which is a community included among Socially and Educationally Backward Communities (SEBC). She has stated that she committed a mistake while submitting her application marking against General category. Producing Ext.P2 score card of NEET she has pointed out that her community status is shown as OBC(Non creamy layer) in the application **WP(C).NO.22655 OF 2020(F)** 3 for NEET. In her KEAM profile on the website of Commission for Entrance Examination, her community status is shown as General. It is stated that she scored All India ranking for OBC category rank no. 6183 as per the results of NEET UG. Petitioner submits that she came to know about the community status only on 23.10.2020, at the stage of second round of allotment and therefore she submitted Ext.P5 representation dated 09.10.2020 before the Commissioner for Entrance Examinations requesting to permit her to upload Ext.P4 Non Creamy Layer certificate. This writ petition is filed seeking a direction to the respondents to permit her to rectify the defects in her application by uploading the non- creamy layer certificate issued to her on 07.10.2020 and to correct her category from General to SEBC. 2. Sri. V. Manu, the learned Senior Government Pleader on instructions furnished the entire **WP(C).NO.22655 OF 2020(F)** 4 procedure followed by the Commissioner for Entrance Examinations starting from 07.11.2019 till date. It is stated that the Commissioner for Entrance Examination had issued notification dated 07.11.2019 announcing 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, **WP(C).NO.22655 OF 2020(F)** 5 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 by 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 **WP(C).NO.22655 OF 2020(F)** 6 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 Indians, Dheevara and related communities, Other Backward Christian and Kudumbi communities claiming reservation under SEBC quota should invariably upload the non-creamy layer certificate in the prescribed format for State government **WP(C).NO.22655 OF 2020(F)** 7 Education purpose obtained from the Village Officer concerned. As per clause 7.8 of the prospectus, it is provided that a candidate shall not be allowed to furnish any new documents/certificates after the submission of online application. It is pointed out that the petitioner could have verified her profile page from 11.05.2020 onwards when she would have been aware of the community status. 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. 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 **WP(C).NO.22655 OF 2020(F)** 8 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. Therefore, the learned Govt. Pleader points out that the petitioner who did not claim reservation in her application cannot be allowed to upload any certificate in support of her eligibility for reservation. Relying on the judgment dated 14.09.2020 in W. A. 1183/2020 where an identical case was considered and rejected, the judgments in W.P.(C) No. 16518/2020, 17368/2020, 20844/2020, 21439 of 2020, etc., the learned Government Pleader argued that petitioner cannot be granted any relief. Relying on the judgments in **Sainuladbin v. State of** **WP(C).NO.22655 OF 2020(F)** 9 **Kerala** [1995 KHC 362] and **Simi Raj v. Commissioner for Entrance Examinations** [1999 KHC 669] the learned Government Pleader argued that this Court cannot direct amendment of prospectus or consider the claim of the student otherwise and what is provided in the prospectus. 3. I have considered the contentions on both sides. Petitioner has admitted that she did not claim reservation while submitting application. Note (I) of Clause 5 of the prospectus reads as follows: ## **5.Claims for reservation and certificates to be uploaded** (i)Claims for Special/Mandatory reservations must be made by a candidate in the online application and the supporting documents shall be uploaded to the online application within the stipulated time. The claim has to be specified in the application in the appropriate places. Claims made after the submission of online application will not be entertained 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 circumstance. 4. As per Sub clause (b) of clause 5.4.2 of the prospectus the candidates belonging to Ezhava, Muslim, other backward Hindu, Latin catholic and **WP(C).NO.22655 OF 2020(F)** 10 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. It is relevant to note that even on 07.10.2020, what the petitioner has obtained from the Village Officer on 07.10.2020 and produced as Ext.P4 is Non-creamy Layer Certificate (Central Employment/Educational Purpose), whereas, petitioner should have obtained a certificate in the format for State Government Education purpose. Therefore, it is clear that the petitioner is yet to read and understand the provisions in the prospectus. Along with the application the candidate has to submit a declaration (as evident from the confirmation page) to the effect that she has downloaded and read various clauses in the prospectus and agrees to **WP(C).NO.22655 OF 2020(F)** 11 ## abide by them. 5. The Division Bench of this Court in the judgment in W.A.No.1183 of 2020, has considered a similar case wherein a candidate who did not claim reservation in her application sought for intervention for uploading her non-creamy layer certificate. This court rejected the same. The candidate therein had obtained the correct certificate unlike in the case of the petitioner, who has come to this court without even the requisite certificate. 6. I have also, following the said judgment, dismissed similar cases. In the judgment in **Sainuladbin 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 **WP(C).NO.22655 OF 2020(F)** 12 the application defective and the candidate cannot seek a remedy on the strength of such a detective application under Article 226 of the Constitution. 7. In the judgment in **Simi Raj** 's case (supra) this Court held that production of the community certificate along with the application in accordance with the provisions in the prospectus is a mandatory requirement. In this case, petitioner has not claimed reservation in the application but has claimed the reservation only in October, 2020, by submitting a representation and thereafter approaching this court, that too without producing the required certificate. In the above circumstances of the case, the petitioner does not deserve any relief in this writ petition. Accordingly this writ petition is dismissed. Sd/- **P.V.ASHA, JUDGE** AS **WP(C).NO.22655 OF 2020(F)** 13 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE APPLICATION OF THE PETITIONER WITH KEAM WITH APPLICATION NO.1135952.** ## **EXHIBIT P2** **TRUE COPY OF THE PETITIONERS SCORECARD OF NEET EXAMINATION WITH APPLICATION NOS “200410065919” AND WITH ROLL NUMBER “2808102307”.** **EXHIBIT P3** **TRUE COPY OF THE PROFILE DETAILS OF THE PETITIONER IN THE KEAM PROFILE.** **EXHIBIT P4** - **TRUE COPY OF THE OBC NON CREAMY LAYER CERTIFICATE OF THE PETITIONER ISSUED BY THE SULTHAN BATHERY TALUK OFFICE DATED 07.10.2020.** **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 09.10.2020 FORWARDED TO THE SECOND RESPONDENT.**