PRABHITA M.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner submitted applications for appearing in the entrance examinations for admissions to Kerala Engineering/Pharmacy/Architecture/Medical and Medical Allied Courses (KEAM) 2020 and National Eligibility and Entrance Test (NEET) UG for admissions to undergraduate professional medical courses. In Ext.P1 application submitted by her on 01.02.2020 for KEAM, she did not claim any reservation though she belongs to Hindu Ezhava community which is a community included among Socially and Educationally Backward Communities (SEBC). She has stated that she committed a mistake while submitting her application marking against General category. Producing Ext.P2 score card of NEET she has pointed out that her community status is shown as OBC(Non creamy layer) in the application for NEET. In her KEAM profile on the website of Commission for Entrance Examination, her community status is shown as General. It is stated that she scored All India ranking for OBC category rank no. 6183 as per the results of NEET UG. Petitioner submits that she came to know about the community status only on 23.10.2020, at the stage of second round of allotment and therefore she submitted Ext.P5 representation dated 09.10.2020 before the Commissioner for Entrance Examinations requesting to permit her to upload Ext.P4 Non Creamy Layer certificate. This writ petition is filed seeking a direction to the respondents to permit her to rectify the defects in her application by uploading the non- creamy layer certificate issued to her on 07.10.2020 and to correct her category from General to SEBC.

(2.) Sri. V. Manu, the learned Senior Government Pleader on instructions furnished 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 issued notification dated 07.11.2019 announcing 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 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 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. As per clause 7.8 of the prospectus, it is provided that a candidate shall not be allowed to furnish any new documents/certificates after the submission of online application. It is pointed out that the petitioner could have verified her profile page from 11.05.2020 onwards when she would have been aware of the community status. 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. 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. Therefore, the learned Govt. Pleader points out that the petitioner who did not claim reservation in her application cannot be allowed to upload any certificate in support of her eligibility for reservation. Relying on the judgment dated 14.09.2020 in W. A. 1183/2020 where an identical case was considered and rejected, the judgments in W.P.(C) No. 16518/2020, 17368/2020, 20844/2020, 21439 of 2020, etc., the learned Government Pleader argued that petitioner cannot be granted any relief. Relying on the judgments in Sainuladbin v. State of Kerala [1995 KHC 362] and Simi Raj v. Commissioner for Entrance Examinations [1999 KHC 669] the learned Government Pleader argued that this Court cannot direct amendment of prospectus or consider the claim of the student otherwise and what is provided in the prospectus.

(3.) I have considered the contentions on both sides. Petitioner has admitted that she did not claim reservation while submitting application. Note (I) of Clause 5 of the prospectus reads as follows: