Sumini K.C. vs Lbs Center Of Science And ...
2021 Latest Caselaw 7206 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

        TUESDAY, THE 02ND DAY OF MARCH 2021/11TH PHALGUNA, 1942

                       WP(C).No.2071 OF 2021(H)


PETITIONER:

               SUMINI K.C., S/O.MANOJ, AGED 38,
               NOCHIYIL HOUSE, VATTANATHARA POST,
               THRISSUR DISTRICT.

               BY ADV. SRI.T.N.MANOJ

RESPONDENTS:

        1      LBS CENTER OF SCIENCE AND TECHNOLOGY,
               EXTRA POLICE STATION ROAD, NANDAVANAM,
               PALAYAM, THIRUVANANTHAPURAM-695 033,
               REPRESENTED BY DIRECTOR.

        2      PRINCIPAL SECRETARY TO THE HIGHER EDUCATION
               DEPARTMENT, STATE OF KERALA,
               THIRUVANANTHAPURAM-695 036.

        3      THE DIRECTOR OF TECHNICAL EDUCATION,
               PRESS ROAD, THIRUVANANTHAPURAM-695 001.

ADDL.   4      THE SECRETARY, DEPARTMENT OF
               GENERAL EDUCATION, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM 695 001.

               (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 02.03.2021
               IN I.A. NO.2/2021)

                R1 BY ADV. SMT.SHAMEENA SALAHUDHEEN, SC
              R2,R3 & ADDL.R4 BY GOVERNMENT PLEADER SMT. RASHMI K.M.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.2071/2021

                                 2




                           JUDGMENT

Dated this the 2nd day of March, 2021

The petitioner is a candidate belonging to OBC who

has appeared in the SET (State Eligibility Test)

Examinations, aspiring to become a Higher Secondary

School Teacher.

2. For appearing in the SET, applications have to be

uploaded via internet. While uploading the application form,

by an inadvertent error, the petitioner described herself as

OBC Creamy layer. The petitioner belongs to OBC Non

Creamy layer category. The examination was held on

10.01.2021.

3. Later, the petitioner noted the error subsequent to

the examination. The petitioner immediately submitted

Ext.P4 request to the 1st respondent pointing out the

mistake and requesting to rectify the error. As there was no

response, the petitioner has approached this Court seeking WP(C)No.2071/2021

to direct the 1st respondent to consider Ext.P4

representation and make appropriate correction in the

application form, treating her as OBC Non Creamy layer.

4. The 4th respondent filed a counter affidavit in the

writ petition. The 4th respondent stated that SET was

conducted on the basis of Government orders issued by the

Secretary, General Education Department. The 1 st

respondent is only an agency entrusted by the said authority

for conducting the SET based on the prospectus issued. In

Annexure R1(a) Prospectus, it was made clear that results

of the test shall be prepared based on the details furnished

by the candidates in their online application regarding their

eligibility for relaxation of minimum marks for a pass in the

test.

5. The 4th respondent further submitted that the

petitioner submitted the online application as OBC Creamy

layer and is therefore not eligible for relaxation of marks.

The petitioner can be considered only as a OBC Creamy WP(C)No.2071/2021

layer candidate. As a general candidate, the petitioner

ought to have acquired a minimum of 48% for a pass.

6. The learned Government Pleader submitted that

the petitioner should have been more vigilant while

uploading her application and the petitioner cannot insist to

make any correction in the status of her candidature. The

results of SET are based on cut off marks already fixed for

various categories. Therefore inclusion of the petitioner as

OBC Non Creamy layer at this stage will unsettle the list

already prepared.

7. I have heard the learned counsel for the

petitioner, learned Standing Counsel appearing for the 1 st

respondent and the learned Government Pleader for

respondents 2 to 4.

8. It is true that the petitioner has erroneously

submitted her application describing herself as belonging to

OBC Creamy layer. Ext.P1 Non-Creamy layer certificate

issued by the competent authority would show that as on WP(C)No.2071/2021

the date of application, the petitioner in fact did belong to

OBC Non-Creamy layer category. Therefore it is evident

that the uploading of OBC Creamy layer status made by the

petitioner was an error.

9. The SET is only a qualifying test for appointment

to the post of Teacher in Higher Secondary Schools. As the

petitioner described herself as OBC Creamy layer due to

inadvertent mistake, even if she is permitted to change her

status as Non-Creamy layer, in accordance with Ext.P1

certificate issued by the competent authority, such change

will not adversely affect the chances of any other candidate.

The error committed by the petitioner was inadvertent. In

the circumstances, this Court is of the opinion that the

application for correction of the OBC status of the petitioner

should be considered in that context.

10. The petitioner has already filed Ext.P5

representation before the additional 4 th respondent. In the

circumstances, it will suffice if the additional 4th respondent WP(C)No.2071/2021

considers Ext.P5 representation filed by the petitioner and

pass appropriate orders thereon, taking into consideration

the fact that the mentioning as 'OBC Creamy layer' made by

the petitioner in the application was by inadvertent error as

is evident from Ext.P1.

11. Since the list of selected candidates of SET

examinations are likely to be declared in the month of May,

2021, the additional 4th respondent shall consider and pass

orders on Ext.P5 sufficiently in advance. The 4 th respondent

is directed to pass appropriate orders on Ext.P5

representation within a period of four weeks.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ncd/02.03.2021 WP(C)No.2071/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 29.07.2019 ISSUED IN FAVOUR OF THE PETITIONER STATING THE SHE DOES NOT BELONGS TO THE CREAMY LAYER.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR DATED 02.01.20 SUBMITTED UPLOADED BY THE PETITIONER THROUGH INTERNET TO APPEAR FOR THE SET EST.

EXHIBIT P3 TRUE COPY OF THE ADMIT CARD DATED NIL ISSUED IN FAVOUR OF THE PETITIONER TO APPEAR FOR THE SET TEST/EXAMINATION.

EXHIBIT P4 TRUE COPY OF THE LETTER /REPRESENTATION DATED 13.01.2021 FILED BY THE PETITIONER THROUGH REGISTERED POST BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REQUEST/REPRESENTATION DATED 10/2/2021 DESPATCHED TO SECRETARY GENERAL EDUCATION DEPARTMENT STATE OF KERALA

EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPT DATED 10/2/2021 EVIDENCING THE DISPATCH OF THE REQUEST/REPRESENTATION DATED 10/2/2021