SANDRAMOL JOSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner appeared in the entrance examinations of 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. She belongs to Mala Araya community, which is included in the Scheduled Tribe community. It is stated that in the application submitted by her for NEET UG as well as for KEAM 2020, she had claimed reservation as a member of Scheduled Tribe community and based on that her category was shown as ST in Ext.P3 admit card for NEET UG and and Ext.P4 confirmation page of KEAM 2020. In Ext.P5 score card issued by the National Testing Agency on 16.10.2010 also she was shown as ST. She scored 147 marks in NEET(UG). Her overall rank is 679360 and category rank is 25284. However, when the results were published in KEAM 2020 on 06.11.2020, and when she verified the memo details, she was asked to remit a sum of Rs.500/-. It is stated that her results were published only after the payment was mad and that she was seen included in the general category. Her medical rank in the State is 40147 and Ayurveda rank is 40161. Petitioner submits that her inclusion in the general category is solely because she made the payment and on account of a mistake committed at the office of the 2 nd respondent. Petitioner claims that she had uploaded Ext.P2 certificate dated 05.12.2019 issued by the Tahsildar in proof of her claim as a member of ST, along with her application. Petitioner asserts that when she is treated as a Schedule Tribe candidate in the category list of NEET (UG), she should have been included in the category list of ST in the KEAM rank list also and for admission in the quota for ST.

(2.) Sri. K.V.Prakash, the learned Special Government Pleader, on instructions submitted that petitioner had not uploaded her caste certificate even after a defect memo was issued in the candidates portal of petitioner and that what she had uploaded was only a nativity certificate. It is stated that even after several opportunities were given to the candidates like the petitioner to cure the defects in their applications, she did not avail the same. The learned Government Pleader submitted that after the last date fixed for online submission of applications, the 2 nd respondent had granted several opportunities to the candidates to cure the defects and to upload the documents by publishing notifications in the website as well as by way of press release and the petitioner could have availed those opportunities which were available from 11.05.2020 to 31.05.2020, 11.06.2020 to 22.06.2020, 20.07.2020 to 07.08.2020, 07.09.2020 to 10.09.2020 and finally from 25.09.2020 to 2.09.2020.

(3.) It is also pertinent to note that the clause 5.4.3 of the prospectus for KEAM 2020 specifically provides for uploading of certificate from the Tahsildar concerned in the prescribed proforma specifically meant for candidates claiming reservation in the quota for SC/ST. The said certificate is to be uploaded in the specified time limit also. It is seen that the petitioner has not uploaded the same and did not respond to the memo issued in her portal, despite the fact that the 2 nd respondent had been alerting the candidates to visit the portal frequently.