BINDHYA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are applicants for the PG medical course. The 1 st petitioner, on whose behalf alone the writ petition is being pursued, has secured rank No.29876 in the NEET examination for PG medical course. It is stated that in the Kerala ranked list, she is ranked at Sl.No.3019. She belongs to Christian community and that she is eligible to be considered in the minority category for admissions. However, by mistake, in the application submitted she had not raised the claim. It is stated that mop-up allotments are notified on 22/7/2020 and Exhibit P11 notification had been issued lowering the minimum qualifying percentile for the various categories of candidates for the mop-up allotment. It is stated that a chance had been given to those candidates included in the selection procedure by the lowering of the marks to upload documents till 21.7.2020. The 1st petitioner had submitted Exhibit P13 representation seeking the uploading of the community certificate to enable her to participate in the mop-up allotment as a minority category candidate. The petitioner seeks directions to the the 3rd respondent to accept the minority certificate and to consider the same for allotment of the 1 st petitioner in the minority category. The learned counsel also relies on a notification dated 21.7.2020 which granted an opportunity to the newly included candidates to rectify any defects in their applications and to upload the certificates in support of such rectifications till 9 a.m. on 24.7.2020. The learned counsel for the petitioners submits that a chance had been given to all applicants to correct any defects in their application till 9:00 a.m. on 24.7.2020 and that 1 st petitioner is also entitled to the said benefit.

(2.) The learned Government Pleader submits that the application submitted by the 1st petitioner was specifically one submitted in the general category without claiming the benefit of minority status and without uploading the minority certificate, which was available with the petitioner even on the date of submission of the application. It is stated that Exhibit P11 only granted an opportunity to those candidates who are newly included in the zone of consideration by lowering of the minimum qualifying percentile to upload their documents. It is stated that the press release dated 21.7. 2020 also gives the chance to those candidates who have made the application pursuant to Exhibit P11 to verify their applications and to rectify the defects found therein. It is stated that the petitioner, who has applied as a general candidate, cannot at the distance of time, after two rounds of allotment, attempt to change her category from general to minority to the detriment of several persons who stand included in the admission procedure. It is stated that the petitioner ought to have submitted the documents in support of the minority status along with the initial application submitted by her for admission and claimed minority status. It is stated that a chance given to newly included candidates to upload their documents cannot be claimed by the petitioner who had participated in two allotment processes.

(3.) I have considered the contentions advanced. It is submitted that the 1st petitioner had made an application for medical PG admission as a general category candidate. She had not claimed any minority status and no minority certificate had also been submitted along with the application. The petitioner has secured Rank No.3019 in the allotment list in respect of the State of Kerala. The petitioner's chance for allotment in the mop-up round of admission would, therefore, be on the basis of her inclusion in the rank list as a general category candidate. The claim of the petitioner now is for an inclusion in the minority list by uploading the minority certificate. I am of the opinion that the claim of the petitioner to consider her minority certificate and for inclusion in the minority category for the mop-up round of allotment is completely unjustified. The writ petition fails and the same is accordingly dismissed.