FATHIMA MINNATH ABBAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner appeared for the NEET(UG) as well as KEAM 2020 for admission to under graduate medical and allied courses. It is stated that she secured 134 marks in the NEET(UG). The petitioner submits that eventhough she belongs to Muslim community and is eligible for reservation for Socially and Educationally Backward Community (SEBC), she did not claim the same while submitting her application, uploading the requisite documents. Producing Ext.P2 Caste Certificate and Ext.P3 Non Creamy Layer Certificate issued by the Village Officer on 02.09.2020, petitioner has filed this writ petitioner claiming that her case requires to be considered for admission to medical course, treating her as a candidate under SEBC.

(2.) Sri. V. Manu, the learned Senior Government Pleader points out that, as at present only 20 NRI seats are available after completion of 2 allotments and one mop-up round as well as the spot admissions conducted by the respective colleges. It is also pointed out that, the last date for submission of relevant documents for admissions against NRI seats is fixed at 2.00 p.m on 08.01.2021 and in the event of any of those seats becoming available, that would be reverted to open merit category. Therefore, there will not be any seats available for SEBC.

(3.) Moreover, this Court has considered a series of cases where even the candidates, had either not uploaded the non-creamy layer certificate or submitted Non Creamy Layer Certificates issued by a different authority or for a different purpose as well as the cases of candidates who did not claim the reservation under SEBC by not raising the claim in the application and not uploading the relevant documents in tune with the provisions contained in the prospectus in clause 5.4.2, within the prescribed/extended time granted by the Commissioner for Entrance Examinations. I have dismissed all such cases taking note of the relevant provisions in the prospectus and the opportunities granted from time to time. For eg the judgment dated 16.10.2020 in W.P.(C) No.21474/2020, which was affirmed by the Division Bench in the judgment dated 28.10.2020 in W.A.No.1404/2020. Paragraph 8 and 9 of the judgment read as follows:- 8. It is seen that none of the petitioners have produced the certificates as required in clause 5.4.2(a) and (b) of the prospectus which was published on 02.02.2020, where it is specifically stated that they have to upload the certificates as required in Annexure V of the G.O.(P) No.1/2015/BCDD dated 19.01.2015 and that they should invariably upload the non-creamy layer certificate in the prescribed format for State Government Education purpose obtained from the Village Officer concerned. As rightly pointed out by Sri. V. Manu the learned Senior Government Pleader, there was sufficient time available for the petitioners to apply and obtain the certificate along with their application itself before 29.02.2020 well before the outbreak of Covid19 pandemic and even thereafter when opportunities were provided several times till 24.09.2020 each time alerting that no further opportunity would be given. Though it is quite unfortunate for the petitioner in WP(C).NOS.21439 of 2020, that she could not avail the opportunity made available from 24.09.2020 to 28.09.2020 when her application was pending from 11.09.2020, a further opportunity cannot be directed to be given to the candidates by this court, when the competent authority has fixed the dates and has given multiple chances to the candidates. Those who apply for professional degree courses should be vigilant enough to submit their applications along with the requisite documents as required in the prospectus. Along with the application the candidates are submitting a declaration (as seen from the confirmation page) to the effect that they have downloaded and read various clauses in the prospectus and agreeing to abide by them. In case they had read and understood the provisions in the prospectus properly they would have submitted the relevant certificates along with the application itself or would have got it cleared when opportunities were given further. 9. Moreover similar claims of candidates who did not upload the requisite documents at the relevant time were rejected by the Division Bench, after elaborately considering the procedure adopted by the Commissioner for Entrance Examinations and with reference to the case law on the subject in the judgments in W.A.No.1080/2020 and W. A.No.1183/2020 respectively. In the judgments in W.P.(C).No. 16518/2020, 17368/2020 and 20844/2020 also similar claims were rejected. It is also pertinent to note that in the judgment in Sainulabdin v. State of Kerala,1995 KHC 362, relied on by the learned Government Pleader, the Division Bench of this Court has held that failure to submit the income certificate in the form prescribed for that purpose, as provided in the prospectus, along with the application would render the application defective and the candidate cannot seek a remedy on the strength of such a detective application under Article 226 of the Constitution. In the light of that judgment also petitioners cannot be granted any relief. Though Sri. Praveen, the learned counsel for the petitioner in one of the writ petitions relied on the judgment reported in Chairman NRI Service and Educational Trust v Kerala University of Health Service and others,2014 3 KerLT 312 and argued that the petitioner should be treated as a candidate eligible for reservation, in the light of the judgments of the Division Benches in 1995 and also in 2020, the said contention cannot be accepted. There are sufficient number of candidates who have submitted the valid claims for reservation uploading the requisite documents at the relevant time.