GEETHU.V.MOHAN V. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS

WP(C)/18592/2019

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The case involves Geethu V. Mohan, a petitioner who sought inclusion in the OBC-Ezhava rank list for MBBS admissions for the academic year 2019-2020. The petitioner had initially uploaded a Non-Creamy Layer certificate that was not in the prescribed format and was intended for job applications under the Government of India, not for educational admissions. Despite being notified and given extensions to submit the correct certificate, the petitioner failed to comply with the requirements set forth in the prospectus. The respondent, the Commissioner for Entrance Examinations, argued that the petitioner's application was incomplete and not in accordance with the prescribed format, leading to her exclusion from the rank list.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 691950 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 12-07-2019
• Assessment Year: misc
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: K V PRAKASAN
• Assessee Lawyers: SANTHOSH MATHEW; ANIL PULICKEL; ARUN THOMAS; DIVYA GEORGE; JENNIS STEPHEN; JAISY JOE; VEENA RAVEENDRAN; VIJAY PAUL
• Keywords: Non-creamy layer certificate; KEAM entrance examination; OBC - Ezhva; MBBS admission

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941 WP(C).No.18592 of 2019 PETITIONER: GEETHU.V.MOHAN AGED 19 YEARS D/O. G. MOHANAN, SHARMI BHAVAN, BHAGAVATHINADA P.O, THIRUVANANTHAPURAM-695 501. BY ADVS. SRI.SANTHOSH MATHEW SRI.ANIL SEBASTIAN PULICKEL SRI.ARUN THOMAS SMT.DIVYA SARA GEORGE SRI.JENNIS STEPHEN SMT.JAISY ELZA JOE SMT.VEENA RAVEENDRAN SRI.VIJAY V. PAUL RESPONDENT: THE COMMISSIONER FOR ENTRANCE EXAMINATIONS OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001 SRI.K.V.PRAKASAN,SPL.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.18592 of 2019 2 J U D G M E N T This writ petition is filed by the petitioner, who was an applicant in the KEAM entrance examination, seeking direction to the respondent to include the petitioner in the rank list of OBC - Ezhva for admission to MBBS for the academic year 2019-2020 and for other consequential reliefs. 2. Petitioner appeared for the NEET examination 2019. According to the petitioner, petitioner obtained 578 out of 720 marks and secured All India rank of 13,725 and State rank of 1732. According to the petitioner, petitioner uploaded Ext.P4 Non-Creamy Layer certificate issued by the Tahsildar. Petitioner was however informed that, she has to produce Non-Creamy Layer certificate issued by the Village Officer. Accordingly petitioner submitted Ext.P11 Non-Creamy Layer certificate issued by the Village Officer, Pallichal. However, now the rank list of persons eligible to be given admission for MBBS course in OBC-Ezhava has been published and the petitioner's name is not included. It is thus aggrieved, this writ petition is filed. WP(C).No.18592 of 2019 3 3. A statement is filed for and on behalf of the respondent refuting the allegations and claims and demands raised by the petitioner. Among other contentions, it is stated that, in accordance with the notification dated 2.2.2019, the last date for uploading the certificates including Non-Creamy Layer certificate and other supporting documents was on 31.3.2019. Ext.P4 certificate uploaded by the petitioner along with the application was not in the prescribed format and it is a certificate obtained for applying for jobs under the Government of India. Even though 31.3.2019 was the last date, it was further extended upto 20.5.2019 by virtue of the notification dated 13.5.2019 and the notification was also published in the official website of the respondent. That apart it is pointed out, several reminders were given time and again to the candidates through print media and also by way of SMS reminding them to upload the required documents in the prescribed format. On 18.2.2019, a memo was caused on the petitioner putting her on notice that the Non-Creamy Layer certificate which is available in her home page of KEAM is not proper. Anyhow thereafter on 25.5.2019, a WP(C).No.18592 of 2019 4 further notification was issued for clearing the defective documents and in the said notification, the date for clearing the defects was extended upto 2.6.2019 at 5 p.m. It is submitted that, availing the above opportunity, petitioner uploaded the very same Ext.P4 Non-Creamy Layer certificate, which was not in the prescribed format and the same is also obtained for a different purpose. Therefore, according to the respondent, petitioner has not uploaded the required certificate for considering the application of the petitioner for the category-wise list. 4. I have heard learned counsel for petitioner as well as learned Special Government Pleader and perused the pleadings and documents on record. 5. The subject issue relates to the incomplete application submitted by the petitioner by not providing the Non-Creamy Layer certificate to consider the application of the petitioner under the Other Backward Community quota. Even though the last date for submission of the application along with the documents was on 31.3.2019, it was extended twice and finally it was extended upto 2.6.2019. In the WP(C).No.18592 of 2019 5 meanwhile, petitioner was notified with respect to the improper certificate uploaded by the petitioner produced along with the writ petition as Ext.P4. Taking advantage of the last notification dated 25.5.2019, petitioner uploaded the very same certificate and the same is not in accordance with the requirement as per the prospectus and in the format prescribed. Moreover, the said certificate was issued for the purpose of securing jobs under the Government of India. Therefore, it is clear that, there was no properly constituted application to consider the case of the petitioner under OBC category and in spite of several opportunities provided to the petitioner, petitioner has not cared to upload the certificate in terms of the prospectus. Therefore, I do not find there is any arbitrariness or illegality on the part of the respondent in not publishing the list of petitioner in the category-wise list. Therefore, writ petition fails, accordingly it is dismissed. Sd/- SHAJI P.CHALY Smv 15.7.2019 JUDGE WP(C).No.18592 of 2019 6 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE RESULT SUBMISSION REPORT ISSUED BY THE RESPONDENT. EXHIBIT P2 TRUE COPY OF THE CONFIRMATION PAGE - KEAM 2019 ISSUED BY THE RESPONDENT. EXHIBIT P3 TRUE COPY OF THE SCORE CARD OF THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE ISSUED BY THE TAHSILDAR, NEYYATTINKARA. EXHIBIT P5 TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PALLICHAL VILLAGE. EXHIBIT P6 TRUE COPY OF THE INCOME TAX CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PALLICHAL VILLAGE. EXHIBIT P7 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED BY THE GENERAL EDUCATION DEPARTMENT. EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF HIGHER SECONDARY EDUCATION. EXHIBIT P9 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER. EXHIBIT P10 TRUE COPY OF THE PRINTOUT OF THE MEDICAL RESULT OF THE PETITIONER. EXHIBIT P10 A TRUE COPY OF THE KERALA STATE MEDICAL RANK LIST RESULT DECLARED ON 27.06.2019. EXHIBIT P11 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PALLICHAL. EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGE OF THE REVISED CATEGORY-WISE RANK LIST OF CANDIDATES ELIGIBLE FOR ADMISSION FOR MBBS COURSE IN EZHAVA CATEGORY PUBLISHED BY THE RESPONDENT ON 06.07.2019. WP(C).No.18592 of 2019 7 EXHIBIT P13 TRUE COPY OF THE INSTRUCTIONS ISSUED FOR KEAM 2018 WHEREIN IT IS SPECIFIED THAT ORIGINAL NON CREAMY LAYER CERTIFICATE FROM A REVENUE OFFICIAL NOT BELOW THE RANK OF VILLAGE OFFICER SHOULD BE SUBMITTED. "