W.P.(C) No.25088/2020 (I)

W.P(C).No.25088/2020-I 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942** ## **WP(C).No.25088 OF 2020(I)** ## **PETITIONER:** **SEETHALAKXMI.S, AGED 19 YEARS, D/O.LALKUMAR.K.V., KADAKKATTU HOUSE, KARIPUZHA P.O., MAVELIKARA TALUK, KANNAMANGALAM VILLAGE, ALAPPUZHA DISTRICT-690 103.** **BY ADVS. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON** ## **RESPONDENTS:** **1 ENTRANCE COMMISSIONER THE COMMISSIONER OF ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3 THE VILLAGE OFFICER, KANNAMANGALAM, MAVELIKARA-690 103.** ## **SR. GOVERNMENT PLEADER SRI.V.MANU** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C).No.25088/2020-I 2 ## **JUDGMENT** The petitioner claims that she belongs to Ezhava Community. She had submitted application for NEET UG as well as KEAM 2020 for admission to Medical and allied courses. It is stated that she had uploaded Non Creamy layer certificate-Ext.P2 issued on 04.12.2019 by the Village Officer in which she was shown as one belonging to Ezhava Community and she does not belonging to Creamy layer. It is stated that when the results were issued the petitioner was shown in the ES. It is stated that when the registration slip was issued for mop up counseling for admission to MBBS course 2019 she was shown in the category of Ezhava and such categorization was on the basis of Ext.P3 Non Creamy layer certificate issued by the very same Village Officer on 05.02.2019. It is stated that she submitted Ext.P6 representation before the Commissioner for Entrance Examination. According to the petitioner since Ext.P2 certificate issued by the Village Officer was for applying for appointment to posts under the Government of Kerala and its organisations and institutions. Since Ext.P3 certificate issued for appointment to posts under Government of Kerala and its organisations and institutions issued by the Village Officer was accepted last year for the mop up counseling there cannot be any objection on the part of the 1[st] respondent for accepting Ext.P2 certificate which is for appointment to the post. W.P(C).No.25088/2020-I 3 2. However the petitioner obtained Ext.P5 certificate for education purpose as prescribed in Annexure IV(C)of the prospectus on 09.11.2020. It is stated that in Ext.P6 representation the petitioner has stated that she came to know about the non inclusion of her name Ezhava category only subsequently and she belongs to a village area with poor internet connection and newspaper is also not available in the said area. 3. Now petitioner has approached this court when the category lists are published and allotments are in process to the Medical and allied courses. 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.No.1183/2020 in a series of cases, eg: WP(C).Nos. 23660/2020, 24174/2020 etc. and those judgments are affirmed by the Division Bench in its judgment in W.A. 1404 of 2020. 4. 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 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 W.P(C).No.25088/2020-I 4 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 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 W.P(C).No.25088/2020-I 5 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 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 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 W.P(C).No.25088/2020-I 6 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 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 W.P(C).No.25088/2020-I 7 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 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.” W.P(C).No.25088/2020-I 8 5. 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 the Prospectus as well as in the application form. 6. 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 defective application under Article 226 of the Constitution. 7. The petitioner did not avail the opportunities which were available to her from 07.11.2019 onwards till 29.09.2020 producing the relevant documents. The learned Government Pleader pointed out that Ext.P4 registration slip, based on which petitioner claimed that she participated in the previous year was one given by the petitioner herself and Ext.P3 is not issued on the basis of any verification done and is only for the purpose of mop up counseling and no reliance can be given to it and petitioner cannot claim reservation on the basis of a non Creamy layer certificate produced on 09.11.2020. W.P(C).No.25088/2020-I 9 8. Even otherwise admission for KEAM 2020 is given as per the provisions under the prospectus issued on 31.01.2020. The provisions therein do not provide for a certificate other than what is issued in accordance with Annexure IV(C). Therefore the Writ Petition is dismissed. **Sd/P.V.ASHA JUDGE** rkc W.P(C).No.25088/2020-I 10 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPLICATION NO.1130270 UPLOADED ON 06.02.2020.** **EXHIBIT P2 TRUE COPY OF CERTIFICATE OF NON CREAMY LAYER CATEGORY DATED 04.12.2019 ISSUED BY RESPONDENT NO.3. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF NON CREAMY LAYER DATED 05.02.2019. EXHIBIT P4 TRUE COPY OF REGISTRATION SLIP DATED 03.08.2019 WITH THE “EZ” CATEGORY SHOWN. EXHIBIT P5 TRUE COPY OF NON CREAMY LAYER CERTIFICATE DATED 09.11.2020. EXHIBIT P6 TRUE COPY OF THE COVERING LETTER SENT BY THE PETITIONER TO ACCEPT EXT.P5 AND GRANT THE BENEFIT OF “EZ” CATEGORY DATED 09.11.2020. EXHIBIT P7 TRUE COPY OF THE RECEIPT OF SPEED POST LETTER DATED 09.11.2020 SENT TOP THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE RECEIPT OF E.MAIL SENT ON 09.11.2020. EXHIBIT P9 TRUE COPY OF THE NOTIFICATION NO.CEE/4600/2019/KEAM-2020/TA3 DATED 10.11.20 STATING THAT THE ALLOTMENT/INTERVIEW STARTS ON 15.11.20.**