LAWS(KER)-2020-11-670

SHEDNO BOBAN B.S. Vs. SECRETARY REVENUE

Decided On November 05, 2020
Shedno Boban B.S. Appellant
V/S
Secretary Revenue Respondents

JUDGEMENT

(1.) The petitioner has 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. He belongs to SIUC Nadar Christian, which is a socially and educationally backward community. Along with the application, he uploaded Ext.P2 certificate issued by the Tahsildar on 28.11.2019 for Central Government employment purpose. Producing the confirmation page as Ext.P3 in which the petitioner's category is shown as BX-SIUC, the petitioner claims that on account of a mistake committed at the end of the 2 nd respondent, he is wrongly shown to be in the general category in his profile on 20.10.2020. Producing Ext.P4 screen shot of the profile, the petitioner points out that he has not committed any mistake in claiming reservation and that he had uploaded all the requisite documents along with the application. It is submitted that despite Exts.P5 and P6 mails, the 2 nd respondent is not taking any action to cure the mistake, if any, committed by them by including him in the general category. However, the petitioner had produced Ext.P1 non-creamy layer certificate issued by the Village Officer on 20.10.2020, for State Education purpose.

(2.) Sri. V. Manu, the learned Senior Government Pleader, on instructions points out that the prospectus is specific in directing the candidates to upload the relevant document for State Education purpose to be issued by the Village Officer as required in Annexure V of G.O(P) No.1/2015/BCDO dated 19.01.2015 and explains the opportunities afforded to the applicants to cure the defects. The relevant provisions in the prospectus and entire procedure adopted by the Commissioner for Entrance Examinations has been explained in paras.8 and 9 of my judgment in W.P(c).No.21474/2020, which read as follows:

(3.) The learned Government Pleader also points out that the said judgment has been upheld by the judgment dated 28.10.2020 in W.A.No.1404 of 2020. When admittedly the certificate produced by the petitioner was Ext.P2 alone, which was for Central Government Educational purpose, in place of Non- creamy layer certificate by the Village Officer as prescribed in the Government Order dated 19.01.2015, issued only on 20.10.2020 as per Ext.P1, there is no substance in the contention that mistake was committed by the 1st respondent.