SEETHALAKXMI S. Vs. ENTRANCE COMMISSIONER

JUDGEMENT

(1.) The petitioner claims that she belongs to Ezhava Community. She had submitted application for NEET UG as well as KEAM 2020 for admission to Medical and allied courses. It is stated that she had uploaded Non Creamy layer certificate-Ext.P2 issued on 04.12.2019 by the Village Officer in which she was shown as one belonging to Ezhava Community and she does not belonging to Creamy layer. It is stated that when the results were issued the petitioner was shown in the ES. It is stated that when the registration slip was issued for mop up counseling for admission to MBBS course 2019 she was shown in the category of Ezhava and such categorization was on the basis of Ext.P3 Non Creamy layer certificate issued by the very same Village Officer on 05.02.2019. It is stated that she submitted Ext.P6 representation before the Commissioner for Entrance Examination. According to the petitioner since Ext.P2 certificate issued by the Village Officer was for applying for appointment to posts under the Government of Kerala and its organisations and institutions. Since Ext.P3 certificate issued for appointment to posts under Government of Kerala and its organisations and institutions issued by the Village Officer was accepted last year for the mop up counseling there cannot be any objection on the part of the 1st respondent for accepting Ext.P2 certificate which is for appointment to the post.

(2.) However the petitioner obtained Ext.P5 certificate for education purpose as prescribed in Annexure IV(C)of the prospectus on 09.11.2020. It is stated that in Ext.P6 representation the petitioner has stated that she came to know about the non inclusion of her name Ezhava category only subsequently and she belongs to a village area with poor internet connection and newspaper is also not available in the said area.

(3.) Now petitioner has approached this court when the category lists are published and allotments are in process to the Medical and allied courses. I have already considered similar cases where the petitioners appeared even at an earlier stage and rejected similar contentions, following the judgments of the Division Bench in W.A.No.1080/2020 and W.A.No.1183/2020 in a series of cases, eg: WP(C).Nos. 23660/2020, 24174/2020 etc. and those judgments are affirmed by the Division Bench in its judgment in W.A. 1404 of 2020.