ANN SONNY Vs. COMMISSIONER FOR ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) This writ petition has been filed by a candidate, who had applied for MBBS Course. The petitioner belongs to Christian Community which has minority institutions. According to the petitioner, for getting admission to the minority quota seats, the applicant should upload the Non Creamy Layer Certificate from the Village Officer. The petitioner is not a person, who is entitled for such a certificate. For that reason, the petitioner did not apply and therefore, her name did not appear in the Christian list of candidates under all Christian Minority Community. Later, the petitioner understood that Caste Certificate from the Village Officer was enough and therefore, she applied for the same and Ext.P3 is the said certificate dated 9.11.2020. The petitioner had approached the competent authority for permitting her to upload the said certificate. Since no action was taken in the matter, this writ petition was filed inter alia seeking for a direction to the respondents to allow the petitioner to be included in the SC Christian Minority category list, after considering her representation Ext.P4.

(2.) We got instructions from the learned Spl.Government Pleader appearing on behalf of the respondents. It is submitted that in the English version of the prospectus, it is stated that the candidate who wishes to have their names in the minority quota seats ought to upload the Non Creamy Layer Certificate from the Village Officer and in the Malayalam version, it is specifically stated that what they had to produce was a caste certificate from the Village Officer. A mistake had occurred in the English version. That apart, it is pointed out that when applications are made online, there is a specific entry for claiming minority quota seats. When the portal is open it is specifically stated that a person claiming minority quota seat should upload the minority caste certificate/Non Creamy Layer Certificate obtained from the Village Officer. Therefore, it is submitted that every candidate, who had made online application, is fully aware of the fact that they should produce a caste certificate for claiming minority status. The Non Creamy Layer Certificate is required to be produced only in instances where candidate claims seats, which are reserved for socially and economically backward community.

(3.) It is also submitted by the learned counsel for the petitioner that the petitioner belongs to Syro Malabar/Roman Catholic Syrian Community, which is not mentioned anywhere in the list of communities having minority status and therefore, the petitioner was unable to upload the claim in that regard. It is also pointed out by the learned counsel that normally a provisional list will be published by the Commissioner for Entrance Examination and in the present case no such provisional list had been published.