Avanthika Pramod (Minor) vs State Of Kerala
2021 Latest Caselaw 18898 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                 WP(C) NO. 15236 OF 2021
PETITIONER:

         AVANTHIKA PRAMOD (MINOR), AGED 17 YEARS
         DEVI 1-C, EMERALD HEIGHTS, PAYYAMBALAM, KANNUR-
         670001, REPRESENTED BY HER FATHER AND GUARDIAN
         SRI. K. PRAMOD.

         BY ADVS.
         T.T.MUHAMOOD
         V.E.ABDUL GAFOOR
         A.MOHAMMED SAVAD
         NAZEER HUZAIN.H
         T.R.VISHNU


RESPONDENTS:

   1     STATE OF KERALA,
         REPRESENTED BY THE PRINCIPAL SECRETRY TO
         GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
         GOVERNMENT SECRETARIAT,M THIRUVANANTHAPURAM,
         KERALA-695001.

   2     COMMISSIONER FOR ENTRANCE EXAMINATIONS,
         5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI
         NAGAR, THIRUVANANTHAPURAM-695001.


OTHER PRESENT:

         b. vinitha

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 10.09.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.15236 of 2021                ..2..




                     W.P.(C) No.15236 of 2021
              -----------------------------------------------
                              JUDGMENT

The Government decided to conduct the entrance

examination for admission to Professional Degree Courses for

the current year on 24.07.2021, and pursuant to the said

decision, the second respondent invited online applications by

notification dated 31.05.2021. The last date for submission of

the online applications was 21.06.2021 and the same was

extended later till 26.06.2021. The applicants were also given

time to upload the certificates upto 30.06.2021.

2. Ext.P1 is the prospectus for admission

published by the second respondent. In terms of Ext.P1

prospectus, 30% of the seats are reserved for Socially and

Educationally Backward Classes. In terms of the prospectus,

Non-Creamy Layer certificate is to be produced by those who

are claiming admission under the said quota.

3. The petitioner is a person who is entitled to

reservation for admission to professional courses against the

quota earmarked for Socially and Educationally Backward W.P.(C) No.15236 of 2021 ..3..

Classes. It is alleged by the petitioner that as she was unable

to obtain Non Creamy Layer Certificate on time due to the

restrictions on account of the Covid-19 pandemic, she

submitted the application online for admission without

claiming the benefit of reservation on 07.06.2021. It is stated

that she could obtain the Non Creamy Layer Certificate only

thereafter on 20.07.2021. The father of the petitioner

thereupon submitted Ext.P4 representation before the second

respondent seeking permission to upload the Non-creamy

Layer Certificate and to claim the benefit of reservation. The

writ petition is filed thereafter alleging that Ext.P4

representation is not being considered.

4. Heard the learned counsel for the petitioner as

also the learned Government Pleader.

5. As noted, in the online application preferred by

the petitioner, she did not claim the benefit of reservation. The

specific case of the petitioner is that she could not secure Non

Creamy Layer Certificate due to the restrictions in connection

with the pandemic and it is on account of the said reason that

she submitted the application online without claiming the W.P.(C) No.15236 of 2021 ..4..

benefit of reservation. There is nothing on record to indicate

as to when the petitioner has applied for Non-creamy Layer

Certificate. On a query from the court, the learned counsel for

the petitioner conceded that the petitioner has applied for Non

Creamy Layer Certificate only after submitting the online

application. The learned counsel for the petitioner was not

clear as to the exact date. I do not think that this Court would

be justified in interfering with the process initiated by the

second respondent for conducting the State wide entrance

examination in which large number of students are

participating on a vague averment that the petitioner could not

obtain Non Creamy Layer Certificate on time due to the

restrictions on account of the pandemic. If writ petitions are

entertained on vague pleas of this nature, no examination can

be conducted on time.

The writ petition, in the circumstances, is without

merits and the same is accordingly, dismissed.

Sd/-

P.B.SURESH KUMAR, JUDGE

ds 10.09.2021 W.P.(C) No.15236 of 2021 ..5..

APPENDIX OF WP(C) 15236/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF RELEVANT PAGES OF PROSPECTUS ISSUED BY THE 2ND RESPONDENT FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2021.

Exhibit P2 TRUE COPY OF APPLICATION ACKNOLWDGEMENT (KEAM 2021) DATED 07/06/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF NON CREAMY LAYER CERTIFICATE BEARING NO.56964987 DATED 20/07/2021 ISSUED BY THE VILLAGE OFFICER, KANNUR-2 VILLAGE.

Exhibit P4 TRUE COPY OF PRINTOUT OF THE ONLINE COMMUNICATION SENT BY THEPETITIONER'S FATHER TO THE 2ND RESPONDENT ON 20/07/2021.

Exhibit P5 TRUE COPY OF REPRESENTATION DATED 22/07/2021 SUBMITTED BY THE PETITIONER'S FATHER BEFORE THE 2ND RESPONDENT.