W.P.(C) Nos. 26198 & 26707 of 2023

W.P.(C)Nos.26198 & 26707 of 2023 -1- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 15[TH] DAY OF SEPTEMBER 2023 / 24TH BHADRA, 1945** ## **WP(C) NO. 26198 OF 2023** ## **PETITIONER:** **AFNIDHA, AGED 19 YEARS D/O.ABDUL SALAM.M.K, 'PLEASANT', KOLAKKATTUCHALI POST, OLIPRAMKADAVU, CHELEMBRA VILLAGE, MALAPPURAM DISTRICT, PIN - 673634 BY ADVS. SRI LINDONS C.DAVIS MS.E.U.DHANYA MS.N.S.SHAMILA MS.CHINJU P. JOYIES** ## **RESPONDENTS:** ||**1**|**UNION OF INDIA**| |---|---|---| |||**REPRESENTED BY ITS SECRETARY, 127-C,**| |||**SHASTRI BHAWAN,**| |||**NEW DELHI,**| |||**PIN - 110001**| ||**2**|**THE CHAIRPERSON**| |||**JOINT ADMISSIONS COMMITTEE 2023, IISER MOHALI,**| |||**SECTOR 81, SAS NAGAR,**| |||**KNOWLEDGE CITY,**| |||**PUNJAB, PIN - 140306**| ||**3**|**INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH**| |||**THIRUVANANTHAPURAM (IISER TVM)**| |||**MARUTHAMALA PO, VITHURA,**| |||**THIRUVANANTHAPURAM**| |||**REPRESENTED BY ITS DIRECTOR.,**| |||**PIN - 695551**| |**ADDL**|**R4.**|**INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH,**| W.P.(C)Nos.26198 & 26707 of 2023 -2- **MOHALI, REPRESENTED BY ITS DIRECTOR, KNOWLEDGE CITY, SECTOR 81, MOHALI, PUNJAB [IS IMPLEADED AS ADDITIONAL R4 AS PER ORDER DATED 14.08.2023 IN I.A 1/2023 IN WP(C) 26198/2023]** **BY ADVS. SRI S.MANU, DSGI SRI.MILLU DANDAPANI, SC, INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH SRI SHIREESH GUPTA SRI S.VISHNU** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2023, ALONG WITH WP(C).26707/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.26198 & 26707 of 2023 -3- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 15[TH] DAY OF SEPTEMBER 2023 / 24TH BHADRA, 1945** ## **WP(C) NO. 26707 OF 2023** ## **PETITIONERS:** - **1 GOPAKUMAR R AGED 51 YEARS S/O K.RAVINDRAN SAANIKA KUTTICHIRA, TKMC.P.O, KOLLAM, PIN - 691005** - **2 GAUTHAM THEJUR GS AGED 18 YEARS S/O GOPAKUMAR RESIDING @ SAANIKA KUTTICHIRA, TKMC.P.O, KOLLAM, PIN - 691005** **BY ADVS. SRI R.KISHORE (KALLUMTHAZHAM) SRI AMAR S.R.** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF EDUCATION SASTRY BHAVAN, NEW DELHI, PIN - 110001** - **2 THE CHAIRPERSON JOINT ADMISSIONS COMMITTEE, INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH SECTOR 18, KNOWLEDGE CITY, MOHALI(PUNJAB) INDIA, PIN - 140306** - **3 THE DIRECTOR INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH MARUTHAMALA.P.O, THIRUVANTHAPURAM-695551, PIN - 695551** - **ADDL. R4. INDIAN INSTITUTE OF SCIENCE, EDUCATION AND RESEARCH, MOHALI, REPRESENTED BY ITS DIRECTOR,** W.P.(C)Nos.26198 & 26707 of 2023 -4- **KNOWLEDGE CITY, SECTOR 81, MOHALI, PUNJAB, PIN - 140306 (SUO MOTU IMPLEADED AS PER ORDER DATED 16-08-2023 IN WPC)** **BY ADVS** **SRI S MANU, DSGI SMT.SUMATHI DANDAPANI (SR.) SRI MILLU DANDAPANI SRI SHIREESH GUPTA SRI S.VISHNU** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2023, ALONG WITH WP(C).26198/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.26198 & 26707 of 2023 -5- ## **T.R. RAVI, J. -------------------------------------------W.P.(C)Nos.26198 & 26707 of 2023 -------------------------------------------Dated this the 15[th] day of September, 2023** ## **JUDGMENT** The above two writ petitions relate to admissions to the Degree Programmes in Indian Institute of Science, Education and Research at its Mohali Campus. In W.P.(C)No.26198 of 2023, the grievance of the petitioner is that while uploading the documents, the petitioner overlooked the condition that the OBC/NCL certificate shall be after 01.04.2023. When she made an enquiry on being not allotted as per her rank No.1249, she received an email dated 30.07.2023 stating that she had not uploaded OBC/NCL certificate issued after 01.04.2023. The petitioner thereafter obtained a certificate issued after 01.04.2023 and is stated to have produced the same before the 2[nd] respondent through e-mail. The petitioner was informed that the application window to upload the documents is already closed, and there is no way to re-upload the documents. The petitioner submits that no prejudice will be caused to anyone, as the petitioner is only requesting for admission during the next allotment process, and it was a bonafide mistake committed by the petitioner while W.P.(C)Nos.26198 & 26707 of 2023 -6- uploading the documents. It is submitted that the fact that she belongs to the OBC/NCL category cannot be denied and merely because she has not supplied the proof in the form of a proper certificate, she should not be denied admission. 2. In W.P.(C)No.26707 of 2023, the petitioner submits that the NCL certificate which was uploaded expired in six months and even though the petitioner opened the site to upload the 12[th] certificate and NCL certificate obtained later, the same could not be done since there was a glitch in the website and the website closed on its own. The petitioner submits that a non-creamy layer certificate had been obtained on 15.6.2023 and despite best efforts, it could not be uploaded due to the system error. The petitioner further submits that a mail was sent by the petitioner on 4.7.2023 itself, to which he received a reply on 5.7.2023 stating that once the applicant has submitted the uploaded application it cannot be changed. On 08.08.2023, the petitioner's father had written to the respondents referring to the e-mails sent and requesting to consider the request and allot the seat, since persons who are below him in the rank list got admission. 3. Respondents 2 and 4 in W.P.(C)No.26707 of 2023 have filed a counter affidavit. They have denied the contention of the W.P.(C)Nos.26198 & 26707 of 2023 -7- petitioner in W.P.(C)No.26707 of 2023 that there were technical glitches. It is pointed out that the applicants had time from 15.4.2023 till 7.7.2023 to submit the correct OBC/NCL certificate. It is further submitted that there are several thousand applicants, and during the first round of scrutiny, the respondents found approximately 500 similar cases where wrong certificates have been submitted, and after the subsequent rounds, it was seen that almost 1,200 similar cases are there. It is submitted that a concession cannot be granted to any person in such matters since that would mean opening up the portal for all similarly situated persons. It is further submitted at the time of argument that the entire process of selection was over on 28.8.2023, and the classes had already begun on 1.9.2023. It is submitted that no further seats are available, and if the petitioners are to be accommodated, that can only be done by cancelling the admission which has already been granted to persons who have a lower rank than the petitioners. 4. The counsel for the petitioners relied on the decision of this Court in **Chairman, NRI Service and Educational Trust, Tvm. v. Kerala University of Health Services, Trichur** **& Anr.** reported in **[2014 (3) KHC 123]** to submit that the W.P.(C)Nos.26198 & 26707 of 2023 -8- submission of the certificate later would not be a reason to deny registration of a candidate. Reliance is also placed on the decision in **Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board & Anr.** reported in **[2016 KHC 6164]** , wherein the Hon'ble Supreme Court had held that failure to submit the OBC certificate along with the application form before the last date of submission should not entail rejection of candidature of the applicant. The counsel also relied on a Division Bench decision of this Court in **Union of India & Ors. v. Abdul Rasheed** reported in **[2016 5 KHC 129]** wherein a similar view was taken. Reference is also made to a Division Bench judgment of the Chhattisgarh High Court relating to admission to MBBS Courses, where again a candidate was refused admission on account of failure to produce the caste certificate. The Division Bench held that a female candidate belonging to the SC community should be supported to progress and should not be denied admission for failure to produce the caste certificate during the registration process. A Full Bench decision of the Jammu & Kashmir High Court in **Competent Authority, Entrance Examinations, J&K & Anr. v. Mahesh Kumar Jia Lal Raina & Anr.** reported in **[2016 KHC 3406]** is W.P.(C)Nos.26198 & 26707 of 2023 -9- also relied on wherein a similar view has been taken. The counsel for the respondents relied on the Division Bench decision of Punjab & Haryana High Court in **Yoshika Verma v. Union of India [CWP 3435-2022 (O&M)]** . The said decision related to the failure to submit the OBC/NCL certificate. The Division Bench in the above case held that the authorities are required to apply the rules uniformly to all candidates, and since all applications that were found to be not in order were rejected, no exception or concession can be given to the petitioner before the Court. The Court held that the case of the petitioner therein was not one where there was an unjustifiable denial of admission on the ground of failure of any rule or based on any unreasonable technicality. It was held that the petitioner therein was aware of the requirement to produce the certificate on or after 1.4.2021 at the time of online registration but had produced the old certificate, which was issued earlier. The Court found that the fault was that of the petitioner and not that of the authorities. 5. In **Charles K.Skaria and Ors. v. C.Mathew and Ors. [AIR 1980 SC 1230]** , the Hon'ble Supreme Court drew a distinction between having a qualification at the time of application and production of the certificate along with the W.P.(C)Nos.26198 & 26707 of 2023 -10- application in proof of the said qualification and held that the formal requirement cannot be relaxed, but the latter one is of secondary nature and can be relaxed. In the words of the Hon’ble Supreme Court, “To confuse between fact and its proof is blurred perspicacity”. 6. The above judgment was followed in **Dolly Chhanda v. Chairman, JEE and Ors [AIR 2004 SC 5043],** which was a case relating to medical admission. This Court is aware of the above position, that it is possible to say that the non-production of the proof of a fact can be treated as secondary, and candidates can be permitted to produce the same later. But to apply the above principle to the case at hand is difficult. In W.P. (C)No.26198 of 2023, admittedly, the petitioner had overlooked the requirement that the certificate should be issued after 1.4.2023 and had sent a proper certificate only by e-mail dated 1.8.2023, much after the last date for submitting the said certificate, which was 7.7.2023. In W.P.(C)No.26707 of 2023, there is a factual dispute as to whether there were technical glitches. According to the respondent, the petitioner had logged in on 4.7.2023, 5.7.2023, and 6.7.2023, and it is stated that he had, after logging in multiple times, confirmed changes by W.P.(C)Nos.26198 & 26707 of 2023 -11- submission of 'edit'. This Court has also to take into account the fact that the admission process is over and classes have begun on 01.09.2023, and any interference at this stage would mean displacement of other candidates. The petitioners themselves have only prayed for permission to participate in the next allotment, which, according to the respondents, is no longer available since the entire process of admission is over. The persons who are affected or likely to be affected are also not before this Court. In the above circumstances, no relief can be granted to the petitioners. The writ petitions fail and are dismissed. Sd/- **T.R. RAVI JUDGE** dsn W.P.(C)Nos.26198 & 26707 of 2023 -12- ## **APPENDIX OF WP(C) 26198/2023** PETITIONER EXHIBITS - Exhibit P1 A COPY OF THE MARK LIST OF HIGHER SECONDARY EXAMINATIONS OF THE PETITIONER - Exhibit P2 A COPY OF THE RECEIPT TOWARDS THE ON-LINE APPLICATION TO IISER - Exhibit P3 A COPY OF THE RELEVANT PAGES OF INFORMATION BROCHURE FOR ADMISSION TO IISER ALONG WITH RELEVANT PAGES OF ANNEXURE - Exhibit P4 A COPY OF THE CASTE CERTIFICATE DATED 03.01.2023 SHOWING THAT THE PETITIONER BELONGS TO OBC-MAPPILA (MUSLIM) - Exhibit P5 A COPY OF THE NON-CREAMY LAYER CERTIFICATE DATED 07.01.2023 - Exhibit P6 A COPY OF THE CANDIDATE AND TEST DETAILS OF THE PETITIONER SHOWING THE RANK OF THE PETITIONER - Exhibit P7 A COPY OF THE REPLY MAIL DATED 30.07.2023 TOWARDS THE E-MAIL DATED 29.07.2023 OF THE PETITIONER Exhibit P8 A COPY OF THE OBC-NCL CERTIFICATE DATED 31.07.2023 - Exhibit P9 A TRUE COPY OF THE E-MAIL DATED 01.08.2023 - Exhibit P10 A COPY OF THE REPLY EMAIL DATED 03.08.2023 OF THE 2ND RESPONDENT - RESPONDENT EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE INFORMATION BROCHURE FOR THE ADMISSION FOR BSMS DUAL DEGREE AND BS DEGREE PROGRAMME 2023 DATED 14.04.2023. EXHIBIT R2(B) TRUE COPY OF THE NOTIFICATION DATED 31.03.2016 BEARING NO.36036/2/2013. W.P.(C)Nos.26198 & 26707 of 2023 -13- ## **APPENDIX OF WP(C) 26707/2023** PETITIONER EXHIBITS Exhibit :P1 THE TRUE COPY OF THE PLUS TWO CERTIFICATE NUMBERED AS T223/75319/0181 DATED 12.05.2022 Exhibit :P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS NUMBERED AS 23007662 Exhibit :P3 THE TRUE COPY OF THE DECLARATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.04.2023 Exhibit :P4 THE TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE DATED 15.06.2023 Exhibit :P5 THE TRUE COPY OF THE EMAIL COMMUNICATION RECEIVED BY THE 2ND PETITIONER IN THE EMAIL ID OF HIS SISTER DATED 4TH JULY 2023 Exhibit :P6 THE TRUE COPY OF THE EMAIL SEND BY THE PETITIONER DATED 4TH JULY 2023 Exhibit :P7 THE TRUE COPY OF THE EMAIL DATED 5TH JULY 2023 Exhibit: P8 THE TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE RESPONDENTS 1 TO 3 DATED 08.08.2023 RESPONDENT EXHIBITS EXHIBIT R2(A) THE TRUE COPY OF THE INFORMATION BROCHURE DATED 14.04.2023 FOR BSMS INTEGRATED DEGREE AND BS DEGREE PROGRAMME