WP(C).Nos.17368,18658&18910 of 2020 (Anto Vinu Yesudasan v. State of Kerala; Parvathy V.B.; Gopika A.)

WP(C).Nos.17368,18658&18910 OF 2020 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942** ## **WP(C).No.17368 OF 2020(U)** ## **PETITIONER/S:** **ANTO VINU YESUDASAN AGED 32 YEARS S/O.YEDUDASAN, VIKAS BHAVAN, MACHANIKKAL, CUSAT P.O., ERNAKULAM - 682022.** **BY ADVS. SRI.C.Y.VINOD KUMAR SRI.ARUN ANTONY** ## **RESPONDENT/S:** **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695001.** **2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM- 695 001.** ## **OTHER PRESENT:** ## **SRGP.SRI.V.MANU** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2020, ALONG WITH WP(C).18658/2020(F), WP(C).18910/2020(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.17368,18658&18910 OF 2020 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942** **WP(C).No.18658 OF 2020(F)** ## **PETITIONER/S:** **PARVATHY V.B.** **MINOR AGED 17 YEARS, S/O.VINU VINAYAKAN, VINAYAKA, VENNAVILAKAM, KULATHOOR, UCHAKKADA P.O., TRIVANDRUM, PIN - 695 506 REPRESENTED BY HER FATHER/GUARDIAN VINU VINAYAKAN, AGED 45 YEARS, S/O.KUTTAPPAN, VINAYAKA VENNAVILAKAM KULATHOOR, UCHAKKADA P.O., TRIVANDRUM, PIN - 695 506.** **BY ADV. SRI.M.R.SARIN** ## **RESPONDENT/S:** **THE COMMISSIONER OF ENTRANCE EXAMINATION 5TH FLOOR KSHB BUILDING, S.S.KOVIL ROAD, THIRUVANANTHAPURAM - 695 001.** ## **OTHER PRESENT:** **SRGP.SRI.V.MANU** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2020, ALONG WITH WP(C).17368/2020(U), WP(C).18910/2020(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.17368,18658&18910 OF 2020 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942** ## **WP(C).No.18910 OF 2020(K)** ## **PETITIONER/S:** **GOPIKA A. AGED 18 YEARS D/O. GOPI A.R., AZHEEKKAL KADAVIL HOUSE, AZHEEKKAL P.O. KOCHI 682 510.** **BY ADVS. SRI.ASOK M.CHERIAN SRI.N.SATHEESH SRI.K.JANARDHANA SHENOY** ## **RESPONDENT/S:** **COMMISSIONER OF ENTRANCE EXAMINATIONS 5TH FLOOR KSHB BUILDING, SS KOVIL RD. SANTHI NAGAR, THIRUVANANTHAPURAM KERALA 695 001.** ## **OTHER PRESENT:** **SRGP.SRI.V.MANU** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2020, ALONG WITH WP(C).17368/2020(U), WP(C).18658/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.17368,18658&18910 OF 2020 4 ## **JUDGMENT** [ WP(C).17368/2020, WP(C).18658/2020, WP(C).18910/2020 ] Dated this the 23[rd] day of September 2020 WP(C) No.17368 of 2020 is filed by a candidate who claimed reservation as one belonging to Latin Catholic Community and also as a dependent of Ex-Serviceman for the three year LLB course. The petitioner in WP(C) No.18910 of 2020 claimed reservation as a candidate belonging to Dheevara Community. The petitioner in WP(C) No.18658 of 2020 claimed reservation as an OBC candidate. All the candidates became successful in the Entrance Examination. Mr.Anto Vinu Yesudasan, the petitioner in WP(C) No.17368 of 2020 got rank No.747 in general merit. He filed this Writ Petition claiming admission under the reservation category of Latin Catholic or as dependent of ExServicemen category. The petitioner in WP(C) No.18910 of 2020 secured rank no.4310 for the five year LLB course. The petitioner in WP(C) No.18658 of 2020 got rank no.269. In all these cases the certificates produced in proof of their claim for reservation was found defective. The petitioners have approached this Court after the allotment memo was issued stating that they have submitted representations before the Commissioner for Entrance Examinations. 2. Sri.V.Manu, the learned Senior Government Pleader has WP(C).Nos.17368,18658&18910 OF 2020 5 filed a statement on behalf of the Commissioner for Entrance Examination explaining the procedure followed by the Commissioner relating to the Entrance Examination right from the issuance of press release on 28.01.2020. It is stated that as per clause 9(b)(ii) of the prospectus for admission to the LLB course 2020-21 which was approved on 03.03.2020 the candidates claiming reservation under SEBC quota were directed to upload Non Creamy Layer Certificate (issued for State education purpose) from the Village Officer concerned in the prescribed format. SEBC quota would include Latin Catholic Community, Dheevara Community as well as OBC. In all these cases the petitioners have uploaded the Non Creamy Layer Certificates issued for the purpose of employment. In the case of Anto Vinu Yesudasan though he claimed special reservation under the category of Children of Ex-Servicemen he uploaded the Certificate issued by the Zilla Sainik Welfare Officer, in which his father's name was mentioned as Joseph Yesudasan whereas the name given in the online application was Yesudasan. It is stated that memo was issued to the petitioner to clear the defect. 3. In the press release issued on 28.01.2020 itself the schedule for 3 year LLB/Integrated 5 year LLB Entrance Examinations, 2020 was notified and the candidates claiming reservation were alerted to furnish the required Certificates as provided therein. It is stated that applications were invited for Entrance Examination on 07.03.2020. Thereafter further WP(C).Nos.17368,18658&18910 OF 2020 6 notification was issued on 18.03.2020 extending the last date for submission of online application upto 22.03.2020, 2p.m.. On 06.05.2020 another notification was issued informing the candidates that they could view their profile details in their web page. It is also stated that candidates were intimated that they can click the memos available in their home page and view whether there are any defects in their applications and time was provided till 31.05.2020 for rectification of any defects in the applications including uploading of relevant certificates. It is stated that another notification was issued on 18.05.2020 providing further time for those who could not apply for the Entrance Examination in time. It is stated that the examination was held on 20.06.2020; press release was issued on 07.07.2020 giving the candidates further opportunity to rectify the defects providing time till 16.07.2020; results were notified on 03.08.2020 and online options were invited on 08.08.2020; category list was published on 11.08.2020 and it was finalised on 18.08.2020. In these cases the petitioners did not take any steps to cure their defects. It is further stated that the first phase of centralized allotment for admission to 3 year LLB course was published on 20.08.2020. According to the respondents there are 76 candidates who have produced relevant documents in the category of Latin Catholic and Anglo Indians Category and 34 candidates in the Ex-Servicemen quota. It is stated that 2[nd] phase of allotment was over on 19.09.2020. WP(C).Nos.17368,18658&18910 OF 2020 7 4. In the case of Gopika, it is stated that petitioner herself has stated that Ext.P2 certificate as well as Ext.P3 certificate uploaded by her were not the certificates which were directed to be uploaded in the prospectus. In her case also she has not verified the website and chose to cure the defects though time was given. 5. The petitioner in WP(C) No.18658 of 2020 also produced the defective certificate which only shows the annual family income. 6. The learned Government Pleader pointed out that the issue is covered by the judgment dated 12.08.2020 in WP(C) No.16518 of 2020 which is affirmed in the judgment dated 14.08.2020 in W.A.No.1080 of 2020. In the judgment in WP(C) No.16518 of 2020 a candidate belonging to Muslim Category did not update the Non Creamy Layer Certificate along with the application. The Writ Petition was disposed of observing that it is up to the Commissioner for Entrance Examination to decide the matter. The Writ Appeal filed by her was dismissed after elaborately considering the effect of non furnishing of documents in time. The learned Government Pleader also relied on the judgment of the Division Bench of this Court in _**Sainulabdin vs. State of Kerala : 1995 KHC 362**_ in which this Court held that the candidates are required to submit income certificate in the form prescribed for that purpose, as provided in the prospectus, along with the application and failure to furnish the WP(C).Nos.17368,18658&18910 OF 2020 **==> picture [7 x 8] intentionally omitted <==** certificate renders 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. Though the petitioners in these cases would have been eligible for reservation in case they were vigilant enough, in view of the aforesaid judgments of this Court, petitioners do not deserve any relief in these cases. In case the respondents are conducting spot admission after the 3[rd] phase of admission, the petitioners can avail their opportunity provided they satisfy other conditions required for the same. The Writ Petitions are dismissed accordingly. **==> picture [29 x 11] intentionally omitted <==** **P.V.ASHA** rkc **JUDGE** WP(C).Nos.17368,18658&18910 OF 2020 9 ## **APPENDIX OF WP(C) 17368/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE COMPUTER GENERATED CONFIRMATION PAGE DT. 12/3/20.** **EXHIBIT P2 TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE DATED 25/2/2020 ISSUED BY THE VILLAGE OFFICER, THRIKKAKARA NORTH VILLAGE.** **EXHIBIT P3 TRUE COPY OF THE PROFORMA OF THE CERTIFICATE DATED 18/3/2020 ISSUED BY THE ASSISTANT ZILLA SAINIK WELFARE OFFICER, ERNAKULAM.** **EXHIBIT P4 TRUE COPY OF THE COMPUTER GENERATED PRINT OUT DATED NIL SHOWING THE RANK OF THE PETITIONER AS 747.** **EXHIBIT P5 TRUE COPY OF RELEVANT PAGES OF THE CATEGORY WISE LIST (PROVISIONAL) DATED 11/8/2020 PUBLISHED BY THE 2ND RESPONDENT.** **EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 13/8/20 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** WP(C).Nos.17368,18658&18910 OF 2020 10 ## **APPENDIX OF WP(C) 18658/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 THE TRUE COPY OF THE ADMIT CARD ISSUED BY RESPONDENT ON 12/6/2020.** **EXHIBIT P2 THE TRUE COPY OF THE INCOME CERTIFICATE ISSUED BY THE TAHASILDAR NEYYATTINKARA TO THE PETITIONER ON 30/12/2019.** **EXHIBIT P3 THE TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHASILDAR NEYYATTINKARA TO THE PETITIONER ON 30/12/2019.** **EXHIBIT P4 THE TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE OF THE STATE EDUCATIONAL PURPOSE ISSUED BY THE TAHSILDAR NEYYATTINKARA TO THE PETITIONER ON 14/8/2020. EXHIBIT P5 THE TRUE COPY OF THE OPTION LIST OF THE PETITIONER.** **EXHIBIT P6 THE TRUE COPY OF THE EMAIL SEND BY THE PETITIONER TO THE RESPONDENT ON 12/8/2020.** **EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT ON 17/8/2020. EXHIBIT P8 THE TRUE COPY OF JUDGMENT IN WP(CIVIL) NO.17382/2020 OF THIS HONBLE COURT. EXHIBIT P9 THE TRUE COP OF THE LETTER ISSUED BY THE RESPONDENT ON 27/8/2020 TO THE PETITIONER.** WP(C).Nos.17368,18658&18910 OF 2020 11 ## **APPENDIX OF WP(C) 18910/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE CANDIDATE'S DATA SHEET ISSUED BY THE RESPONDENT.** **EXHIBIT P2 A TRUE COPY OF NON CREAMY LAYER CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PUTHUVYPE DATED 15.02.2020.** **EXHIBIT P3 A TRUE COPY OF NON CREAMY LAYER CERTIFICATE ISSUED BY THE VILLAGE OFFICER, (CENTRAL EMPLOYMENT. EDUCATIONAL PURPOSE) DATED 10.06.2020.** **EXHIBIT P4 A TRUE COPY OF PERSONAL DETAILS UPLOADED BY THE PETITIONER.** **EXHIBIT P5 A TRUE COPY OF LAST RANK DETAILS OF SECOND PHASE ALLOTMENT ON 10.09.2020 PUBLISHED BY THE RESPONDENT.**