KEERTHI N. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner applied for appearing in the Entrance Examinations of Kerala Engineering/ Pharmacy/ Architechture/ 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 Ezhava community, which is a socially and educationally backward community (SEBC), eligible for reservation in the event of production of non-creamy layer certificate. Petitioner states that pursuant to notification dated 31.01.2020, she submitted her on-line application for KEAM 2020 on 10.02.2020, opting for Engineering as well as Medical and allied and Pharmacy courses claiming reservation as one belonging to SEBC. But, she produced Ext.P2 certificate, issued by the Tahsildhar on 31.01.2020, which is for Central Government education purpose. Petitioner herself points out that as per clause 5.4.2(b) of the prospectus a candidate claiming reservation under SEBC quota shall upload the Non-Creamy Layer certificate, specifying the community of the candidate from the Village Officer in the prescribed proforma. Even though the petitioner had already obtained Ext.P4 non-creamy layer certificate, as early as on 22.01.2020 from the Village Officer, she had uploaded only the Ext.P2 certificate issued by the Tahsidar for applying for jobs under the Government of India. Petitioner submits that she did not notice the memos / notifications issued by the 2 nd respondent in the candidates' profile for correcting the defects. In the KEAM 2020 examination she secured rank no.872. Petitioner states that she noticed that her community status was shown as general, only when the results of trial allotment for Pharmacy Course was published on 03.10.2020. On enquiry at the office of the 2 nd respondent she was given to understand that she did not upload the requisite certificate. It is stated that she approached the Human Rights Commission, which, by Ext.P6 proceedings recommended the 2nd respondent to take a lenient view in her case. It is stated that even though she submitted another representation before the Commissioner for Entrance Examinations, she was informed that she would have been included in the reservation category only if the petitioner had uploaded the Non-creamy Layer certificate for state education purpose issued by the Village Officer. Petitioner therefore seeks a direction to the 2nd respondent to permit her to upload the non- creamy layer certificate Ext.P4 in support of her claim for reservation.

(2.) Sri. V. Manu, the learned Senior Government Pleader on instructions explained the entire procedure followed by the Commissioner for Entrance Examinations starting from 07.11.2019 till date. It is stated that the Commissioner for Entrance Examination had as per notification dated 07.11.2019 announced the schedule of entrance examination for KEAM 2020. It was followed by another notification, issued on 26.11.2019, informing all concerned that the proceedings for submission of application for KEAM 2020 would commence in January 2020, and that in order to avail benefits of category/reservation all eligible candidates should upload relevant category certificates along with their Online application form. Another notification was issued on 23.12.2019 again informing the candidates that they should get themselves ready with all the certificates in advance for uploading the same along with their online application, specifically stating that the certificates that would be uploaded along with the online application alone would be accepted. Applications were invited for KEAM by notification issued on 31.01.2020, specifically providing in Clause 6 that the candidates have to upload their photograph, all the documents and eligibility certificates, certificates in proof of the date of birth, nativity, reservation, etc., on or before 29.02.2020 by 05.00 p.m. It is stated that the KEAM prospectus was approved by the Government on 31.01.2020 and uploaded in the website on 02.02.2020 which contains a specific provision in Note(i) of Clause 5 to the effect that claims for Special/Mandatory reservation should be made by a candidate in the online application itself, and supporting documents shall be uploaded to the online application within the stipulated time, specifically stating that claims made after the submission of online application will not be entertained and even if supporting evidences are produced the claims for special and mandatory reservation once made in the application cannot be altered by the candidate under any circumstances. Clause 5.4.2 (a) and (b) thereof specifically provided that candidates belonging to socially and economically backward classes (SEBC) should upload, to the online application, a certificate to the extent that the candidate belongs to the community which is designated as SEBC and does not belong to the category of creamy layer, in the proforma given as Annexure V of the G.O.(P) No. 1/2015/BCDD dated 01.01.2015. It is stated that the communities which are included in SEBC are given in Annexure xi of the prospectus. Sub clause (b) of 5.4.2 provided that candidates belonging to Ezhava, Muslim, Other Backward Hindu, Latin Catholic and Anglo Indians, Dheevara and related communities, Other Backward Christian and Kudumbi communities claiming reservation under SEBC Quota should invariably upload the non-creamy layer certificate in the prescribed format for State government Education purpose obtained from the Village Officer concerned. Another press release was issued on 15.02.2020 alerting the candidates about the last date for submission of applications. By notification dated 24.02.2020 the last date was extended till 29.02.2020. A press release was issued on 28.02.2020 informing that there will not be any further extension. The petitioners in all these cases have submitted their applications on or before 29.02.2020. Again on 11.05.2020, the Commissioner issued another notification requesting the candidates to verify their profile and rectify the defects and to submit the requests for rectification before 05.00 p.m., on 25.05.2020. On 16.05.2020 individual memos were issued to candidates in their profile pages to cure the defects. The KEAM entrance examination was held on 16.07.2020. On 28.07.2020, another notification was issued informing the candidates that they can view their profiles and check the details of their claim for reservation status and other benefits in their profile and that they can view defects if any in their online applications by clicking the menu item "Memo details" provided in the profile page. The candidates who submitted defective certificates for EWS quota and NRI quota seats also can rectify the defects by submitting corrected certificates in time. However, as per notification dated 18.08.2020, another opportunity was given to the candidates till 27.08.2020 to cure the defects in the certificates or documents, stating this time also that no further time would be given. It was followed by another notification issued on 07.09.2020 again granting time to candidates till 10.09.2020 asking them to verify their profile and to rectify defects if any in the photograph, signature, fee, documents/certificates, etc., uploaded along with their applications, alerting them that defects which would be cleared within the specified time alone would be considered for allotting any claim/reservation and that further opportunity would not be given for rectification. The KEAM Scores were published on 09.09.2020 and the rank list for admission to Engineering and Pharmacy courses were published on 24.09.2020. Again in notification dated 24.09.2020 one more opportunity was given to the candidates as a last chance, stating that requests were received from several candidates who uploaded defective certificates. Candidates were asked to view their profile in the portal and to rectify the defects from 25.09.2020 to 28.09.2020 again stating that it would be the last chance. It is stated that the activities relating to central allotment process to Professional Degree Courses for the year 2020-21 commenced on 30.09.2020 inviting online options for Engineering and Pharmacy courses. The provisional category wise list of candidates who applied for admission to Engineering and Pharmacy courses and who were allowed with eligible communal reservation/special reservation/reservation under persons with disability was published on 01.10.2020 and final category list was published on 03.10.2020, on which day trial allotment was also made. It is stated that the first phase of allotment commenced on 07.10.2020. The rank list for Architecture course was published on 11.10.2020; category- wise list of candidates for admission to the said course, allowed with reservation was published on 11.10.2020. Options were invited for second round of allotment to Engineering and Pharmacy courses on 12.10.2020. The NEET results were declared on 16.10.2020. It is stated that Kerala medical rank list would be finalised as soon as the NEET marklist is provided by the National Testing Agency.

(3.) It was also pointed out that each time when opportunities were given to the candidates to cure the defects, they were given intimation by sending individual SMS in the mobile phone numbers given by them, apart from the individual memo issued in their profile pages on 16.05.2020 asking them to cure defects. It is stated that there are 8932 candidates claiming reservation as members of Ezhava community between rank nos 10 and 53215 in the category list for Engineering and 7692 candidates between rank numbers 40 and 46325 in the category list of Pharmacy. The learned Govt. Pleader points out that petitioner did not avail the opportunities which were available to her from 07.11.2019 onwards till 29.09.2020 producing the relevant documents.