ARYA M.S. Vs. COMMISSIONER FOR ENTRANCE EXAMINATION

JUDGEMENT

(1.) This writ petition is filed by the petitioner, an applicant for admission to Five Year LL.B Course-2019 in the community quota category, seeking direction to the respondent to include the petitioner in the list of candidates eligible for reservation in the community quota category. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is an applicant for admission to Integrated Five Year LL.B. Course-2019 in the State of Kerala, and she is entitled for seeking admission in Hindu-Ezhava community reservation quota. Along with her application, petitioner had submitted Ext.P3 Non Creamy Layer Certificate in the prescribed format, from the Village Officer, Kunnamkulam, certifying that she belongs to Hindu Ezhava community. However, she has not been included in the category list for admission to the course in question for the reason that the Village Officer had not affixed the office seal in addition to the seal showing his name and designation. These are the basic background facts projected by the petitioner to secure the relief specified above.

(3.) A statement is filed by the respondent, refuting the allegations and claims and demands raised by the petitioner. The application and the community certificate submitted by the petitioner are not disputed. However, according to the respondent, in accordance with clause 9(b)(ii) dealing with claim for community reservation under Socially and Educationally Backward Classes (SEBC), the candidates belonging to any backward classes claiming reservation under SEBC quota should invariably upload the Non-Creamy Layer Certificate from the Village Officer concerned, in the prescribed format. According to the respondent, petitioner has not submitted the community certificate complying with the stipulations contained in the format prescribed in the Prospectus for admission to the year 2019, since it was a mandatory requirement that the certificate should contain the office seal of the authority issuing the community certificate, besides name and designation seal.