Anagha.R vs State Of Kerala
2021 Latest Caselaw 22325 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 24528 OF 2021
PETITIONER:

          ANAGHA.R.,
          AGED 18 YEARS,
          D/O.RAMANKUTTY.V.,
          RESIDING AT PARAKKAL HOUSE,
          VADAKKENADA, ATHIPOTTA P.O.,
          ALATHUR TALUK, PALAKKAD DISTRICT-678 544.

          BY ADV BABY MATHEW(K/897/1999)

RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF HEALTH & FAMILY WELFARE,
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     DIRECTOR OF MEDICAL EDUCATION,
          MEDICAL COLLEGE P.O.,
          GOVERNMENT OF KERALA,
          THIRUVANANTHAPURAM-695 001.

    3     DIRECTOR, L B S CENTRE FOR SCIENCE AND TECHNOLOGY,
          NADHAVANAM, PALAYAM P.O.,
          TRIVANDRUM-695 033.

    4     VILLAGE OFFICER,
          TARUR II VILLAGE,
          TARUR P.O., ALATHUR,
          PALAKKAD DISTRICT-678 544.

          SMT.VINITHA B, SR.GOVERNMENT PLEADER,
          SMT.SHAMEENA SALAHUDHEEN, SC
          SMT. SHAJNA (APPEARS FOR R3)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24528/2021

                                   2




                            JUDGMENT

Dated this the 9th day of November, 2021

The petitioner, who belongs to a Backward Class

Community has approached this Court with a prayer to declare

that converting the category of the petitioner as General

instead of Socially and Educationally Backward Classes and

non granting of reservation benefit, is illegal and arbitrary. The

petitioner further seeks to direct the respondents to treat the

petitioner as Socially and Educationally Backward Class

candidate for the purpose of granting reservation in admission

to Professional Degree Courses, 2021 in Nursing and Para

Medial Streams and to place her in the eligible position in the

rank list of Socially and Educationally Backward Classes.

2. The petitioner states that she belongs to Hindu

Ezhava and Thiyyas Community. The petitioner submitted WP(C).No.24528/2021

online application for admission to Professional Degree

Courses, 2021 in Nursing and Para Medial Streams.

According to the petitioner, as per Clause 5.4.2 (a) of the

Prospectus, candidates belonging to the Socially and

Educationally Backward Classes should produce a certificate

stating that the candidate belong to a community which is

designated as a Socially and Educationally Backward Class

and does not belong to the category of Creamy Layer. This

Certificate has to be produced in Annexure V proforma

attached to the Government Order dated 01.01.2015. The

petitioner uploaded Ext.P3 Certificate. However, the

respondents have included the petitioner under General

Category.

3. On enquiry, the petitioner learnt that she has not

been given the benefit of Socially and Educationally Backward

Classes on the ground that the Certificate uploaded by the

petitioner is not in Ext.P2 form. The learned counsel for the WP(C).No.24528/2021

petitioner would urge that the petitioner has subsequently

obtained Ext.P7 Non Creamy Layer Certificate in the

appropriate form. In the circumstances, the respondents are

compellable to accept Ext.P7 and treat the petitioner as an

OBC candidate. A benefit granted to the petitioner by the

Constitution of India cannot be taken away on grounds of

technicalities. The petitioner is an outstanding student and

obtained A+ in all subjects and has a professional career

ahead. Unless the petitioner is considered as belonging to

Socially and Educationally Backward Classes for the purpose

of admission to Professional Courses, the petitioner will be put

to untold hardship and loss.

4. The learned Standing Counsel for the 3 rd

respondent contended that the candidates like the petitioner

were directed to upload the Non Creamy Layer Certificate as

per the proforma given in the Prospectus. The 3rd respondent

published the first list on 08.10.2021. The defects in respect of WP(C).No.24528/2021

the petitioner's application was pointed out. The petitioner and

similarly situated other candidates were granted time till

15.10.2021 to correct the defect in respect of their

applications. The petitioner did not clear the defects by that

date. Later a provisional list was published on 26.10.2021 and

the final list was published on 08.11.2012. The process of

accepting options of the candidates is already started. If the

petitioner's claim is allowed, that will unsettle the allotment

process already commenced.

5. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1,

2 and 4 and the learned Standing Counsel for the 3 rd

respondent.

6. The facts disclosed in the writ petition would show

that the petitioner did not submit application accompanied by

Non Creamy Layer Certificate in Ext.P2 - Annexure IV (c) form.

In the prospectus it was made clear that the Non Creamy WP(C).No.24528/2021

Layer Certificate should be in such a form. However, the

petitioner submitted the Non Creamy Layer Certificate in a

different form namely Ext.P3.

7. The contention of the petitioner is that the contents

of Exts.P3 and P7 being the same, the respondents ought to

have accepted Ext.P7 and ought not have placed the

petitioner in the General Category. The argument of the

petitioner cannot be entertained. The petitioner was given an

opportunity to clear the defect. Time was given up to

15.10.2021. The petitioner did not avail that opportunity.

Infact the petitioner applied for the Non Creamy Layer

Certificate in proper form only on 08.11.2021. By the time, the

respondents had published the provisional list on 26.10.2021

and final list on 08.11.2021. The process of exercising

options are underway.

In such circumstances, interference by this Court by

way of a direction to include the petitioner also in the Socially WP(C).No.24528/2021

and Educationally Backward Classes category would unsettle

the process of admission going on and it will adversely affect a

very large number of students. In the circumstances, no relief

can be granted in this writ petition. The writ petition is

therefore dismissed.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.24528/2021

APPENDIX OF WP(C) 24528/2021

PETITIONER'S EXHIBITS:

   Exhibit P1         TRUE    COPY    OF   THE    PETITIONER'S
                      APPLICATION    FORM  WITH    APPLICATION
                      NO.2213151.
   Exhibit P2         TRUE COPY OF THE MODEL FORM FOR NON

CREAMY LAYER CERTIFICATES PRESCRIBED IN GO(P) NO.1/2015/BCDD DATED 01.01.2015. Exhibit P3 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE ISSUED BY THE VILLAGE OFFICER TARUR II VILLAGE.

Exhibit P4 TRUE COPY OF THE PETITIONER'S APPLICATION STATUS FOR PROFESSIONAL DEGREE COURSES 2021.

Exhibit P5 TRUE COPY OF THE VERIFIED DATA AFTER INITIAL SCREENING IN RESPECT OF THE PETITIONER'S APPLICATION.

Exhibit P6 TRUE COPY OF THE PROVISIONAL INDEX MARK AND RANK IN RESPECT OF THE PETITIONER.

Exhibit P7 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE DATED 08.11.2021 ISSUED BY THE 4TH RESPONDENT VILLAGE OFFICER TARUR II VILLAGE.