ABHIMANUE PRINCE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the son of a disabled Ex-Serviceman. He got qualified in the Kerala Engineering/Pharmacy/ Architecture/Medical and Medical Allied Courses (KEAM) 2020 as well as National Eligibility and Entrance Test (Undergraduate) [NEET UG] 2020 for admission to undergraduate courses in medical and allied subjects. Ext.P4 results would show that his All India Rank in NEET is 11786 with 620 marks and Kerala State Medical Rank is 1688 and Ayurveda Rank is 1693. It is stated that he is rank no.4472 in the category of OBC.

(2.) According to the petitioner he is entitled to get special reservation in the category of dependent of defence personnel killed/missing/disabled in action (DK) for the MBBS course, as per Clause 5.2.2 of Ext.P1 prospectus. It is stated that 5 seats are set apart for MBBS course in the quota for DK by way of special reservation. The petitioner uploaded Ext.P2 certificate issued by the District Zilla Sainika Welfare Officer, Kollam on 13.02.2020, in which it was certified that the petitioner is the son of an Ex-Serviceman, striking of the words "defence personnel killed/missing/disabled in action and is/was in receipt of disability pension/died in harness". In fact petitioner is a dependent of a disabled defence personnel and the certificate to that effect should have been issued based on which he was entitled to claim reservation under DK. It is stated that the petitioner came to know about the defect with respect to the certificate issued by the Zilla Sainika Welfare Officer, Kollam only when the 2nd respondent published the category wise list of the eligible candidates. Immediately thereupon the Zilla Sainika Welfare Officer issued Ext.P5 certificate on 06.11.2020 to the effect that the petitioner is the son of Sri.Prince R. who is disabled in action and is in receipt of disability pension, as prescribed in Annexure 13(a) for claiming special reservation under the quota. It is stated that the District Sainik Welfare Officer had submitted Ext.P8 representation also pointing out the mistake committed by him in issuing the certificate consequent to which the petitioner did not get included in the category list of DK. The petitioner had also submitted Ext.P7 representation. In this Writ Petition the petitioner points out that the 2nd respondent had given opportunity to the candidates to cure defects, even after the category list was published by issuing Ext.P10 notification on 11.11.2020, in the case of those whose results in the rank lists were withheld. Petitioner also pointed out that as per Ext.P9 notification issued on 06.11.2020 the candidates with defective nativity proofs in their online application were permitted to rectify the defects before 08.11.2020. The petitioner claims that he is also entitled to be given an opportunity to cure the defects, pointing out that 4 out of the 5 seats in the quota for DK are remaining vacant.

(3.) Sri.V.Manu, learned Senior Government Pleader, pointed out that Clause 5.2 of Ext.P1 prospectus deals with claim for special reservation. Clause 5.2.1 relates to Ex-servicemen quota (XS) which is available to son/daughter of Ex-serviceman as well as Ex-serviceman himself. Clause 5.2.2 relates to dependent of defence personnel killed/missing/disabled in action. The candidates claiming the same shall upload a certificate obtained from the Zilla Sainik Welfare Officer, as shown in Annexure XIII(a) to their online application. The learned GP made available the the confirmation page in respect of the petitioner, where he claimed special reservation in the category of 'XS' where as he is claiming reservation of 'DK' in this Writ Petition. The certificate uploaded by the petitioner is also made available in which his claim for special reservation was claimed in 'XS' category which is available to the son of an Ex- serviceman instead of 'DK' which alone is available for son/daughter of defence personnel disabled in action. Pointing out the declaration made by the candidate in the confirmation page it is argued that the petitioner who declared to have read the prospectus in full and agreed to abide by the provisions therein cannot be given another opportunity, as in the case of other candidates who approached this court. As the confirmation page was available with the petitioner right from the date of submission of the online application petitioner had ample opportunities to correct the same, if he was vigilant. Pointing out a series of judgments rendered by this Court, the learned Government Pleader argued that this court has been consistently taking the view that candidates who did not upload the documents in accordance with the prospectus and did not avail the opportunities provided to them cannot be permitted to cure the defects subsequently, especially when the rank lists, category lists, etc are already published and allotments started. Relying on the judgments in W.A.No.1080/2020 and 1183/2020 and a series of judgments of this Court following the same including in WP(C) No.21474/2020 and connected cases, the learned Government Pleader argued that even in a case where the candidate could not produce the certificate since the Village Officer was on leave, for issuing non-creamy layer certificate, this court had not granted any relief. It is also stated that the opportunity given in Ext.P9 was only in respect of nativity proofs as candidates were furnishing various documents in proof of nativity and that no further opportunities were given for claiming reservation or uploading fresh documents for the same. Similarly the opportunity given in Ext.P10 was only for those whose results were withheld. It was argued that petitioner does not come under any of such categories.