Kerala High Court
Fathima Minnath Abbas vs The State Of Kerala on 8 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.616 OF 2021(B)
PETITIONER:
FATHIMA MINNATH ABBAS
AGED 10 YEARS
THANNELIL HOUSE, DEVIYAR COLONY, 10TH MILE,
P.O VALARA, IDUKKI 685 561
BY ADV. SRI.ANIL SIVARAMAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE COMMISSIOENR FOR ENTRANCE EXAMINATIONS,
OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDING, SHANTHI NAGAR,
THIRUVANANTHAPURAM 695 001
SRI.V.MANU. SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.616 OF 2021(B)
2
JUDGMENT
Dated this the 8th day of January 2021
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
WP(C).No.616 OF 2021(B)
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
WP(C).No.616 OF 2021(B)
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
WP(C).No.616 OF 2021(B)
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) KLT
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.
WP(C).No.616 OF 2021(B)
4. In the light of the aforesaid judgments,
the petitioner who did not even choose to claim
reservation for SEBC while submitting her
application and kept quiet till the filing of this
writ petition, cannot be granted any relief at this
stage when the Counseling is over after several
rounds of allotments.
This writ petition is, therefore, dismissed.
Sd/-
P.V.ASHA
JUDGE
Hmh
WP(C).No.616 OF 2021(B)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CONFIRMATION PAGE DATED
13-12-2019
EXHIBIT P2 TRUE COPY CASTE CERTIFICATE DATED 2-09-
EXHIBIT P3 TRUE COPY OF NON CREAMY LAYER
CERTFICATE
EXHIBIT P4 TRUE COPY OF NEET RESULT
EXHIBIT P5 TRUE COPY CONFRIMATION PAGE DATED 24-
02-2020
RESPONDENT'S/S EXHIBITS: NIL
