Govardhan.S vs Clat Consortium Of Nlu
2023 Latest Caselaw 6862 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                     WP(C) NO. 290 OF 2023
PETITIONER/S:

            GOVARDHAN.S
            AGED 17 YEARS
            'GETHSEMANE', PROF MUNDASSERY MASTER ROAD,
            CHAMPAKKARA, MARADU.P.O. KOCHI, REPRESENTED BY
            HIS FATHER S.SANAL KUMAR, AGED 52 YEARS
            S/O.S.SATHYANANDAN, PIN - 682304
            BY ADV ARUNKUAMR M.R


RESPONDENT/S:

    1       CLAT CONSORTIUM OF NLU
            PO BAG 7201, NAGARBHAVI, BANGALORE - 560 072,
            KARNATAKA, REPRESENTED BY SECRETARY
    2       THE REGISTRAR, NATIONAL UNIVERSITY OF ADVANCED
            LEGAL STUDIES (NUALS), NUALS CAMPUS, HMT COLONY
            P O, NORTH KALAMASSERY,ERNAKULAM-683503.
            BY ADVS.
            GOPIKRISHNAN NAMBIAR M
            K.JOHN MATHAI(K/413/1984)
            JOSON MANAVALAN(J-526)
            KURYAN THOMAS(K/131/2003)
            PAULOSE C. ABRAHAM(MAH/58/2006)
            RAJA KANNAN(K/356/2008)
            NAYANPALLY RAMOLA(MAH/6224/2014)
            PRANOY HARILAL(K/931/2018)

OTHER PRESENT:
          SMT. THUSHARA JAMES -SC



     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   22.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 290 of 2023
                                     -2-



                             JUDGMENT

Dated this the 22nd day of June, 2023

The petitioner, a minor student aspiring to be a lawyer,

submitted application for appearing in Common Law Admission Test

(CLAT) for securing admission to the 5 year integrated undergraduate

LL.B course in the National Law Universities (NLU). The petitioner

belongs to Ezhava community which is falling under the category of

Other Backward Classes (OBC). Ext. P2 caste certificate of the

petitioner was also uploaded along with the application. While

submitting the application, the candidate has to specify the reservation

category in each NLU. In National University of Advanced Legal

Studies (NUALS), Kochi, 36 seats are reserved under the Socially and

Educationally Backward Classes (SEBC) [Kerala]. Out of the above

SEBC quota, 11 seats are reserved for Ezhava, Thiyya, Billava (ETB)

and 4 seats are reserved for Other Backward Hindus (OBH). Under

different University Reservation Categories, the SEBC reservation

category is available only at NUALS. The candidates belonging to the

Ezhava community desirous of admission to NUALS under SEBC W. P. (C) No. 290 of 2023

quota have to apply under the category SEBC-ETB. Though the

petitioner belongs to SEBC-ETB category, in the application, the

petitioner mistakenly showed (ticked) his category of reservation as

SEBC-OBH.

2. The results of the CLAT examination was published on

23.12.2022. The petitioner secured All India Rank position No. 6184

under the General Category, All India OBC Rank position No. 772 and

SEBC-OBH Rank position No. 2. As said, there are 4 seats reserved

for SEBC- OBH in NUALS and being rank No.2 in the category list of

SEBC- OBH, the petitioner was asked to appear for the first round of

counselling slated on 12.01.2023. Having realised the mistake, the

petitioner fairly informed the CLAT Consortium of NLU, the 1 st

respondent, by Ext. P9 communication that the petitioner is not entitled

to claim admission under SEBC-OBH category and requested to

cancel the allotment under SEBC-OBH and to consider him for

counselling in the next rounds under SEBC-ETB category in Kerala

and OBC category at the National level. The 1 st respondent, by Ext.

P10 communication, rejected the request of the petitioner for change of

reservation category. The provisional allotment of the petitioner was W. P. (C) No. 290 of 2023

cancelled by the 2nd respondent NUALS. The further request of the

petitioner, vide Ext. P11, for change of reservation category was

rejected by the 1st respondent by Ext. P12 stating that if one student

category is changed, that will affect the category ranks of many

students. Challenging Exts. P10 and P12, the petitioner has filed this

writ petition. The petitioner has sought for direction to the 1 st

respondent to change the category of the petitioner from SEBC-OBH

to SEBC-ETB for institutional class reservation in NUALS, Kochi for

the academic session 2023-2024. A further relief is sought to direct the

1st respondent to permit him to participate in the next rounds of

counselling under the All India General Category, All India OBC

quota, General State merit list and SEBC-ETB in CLAT counselling.

3. A detailed statement has been filed by the 1 st respondent. It is

stated that the Rules of the CLAT, 2023 contained in 'Instructions for

UG programme' address the issue of 'errors' made by candidates in

application forms and in case their initial application forms contained

any error or discrepancy or were incomplete in any respect, they are

free to review their application forms and make any changes or edits

necessary. It is stated that the application window which was opened W. P. (C) No. 290 of 2023

on 08.08.2022 was closed on 18.11.2022 with further grace time of

two days up to 20.11.2022 within which time the applicants could

check their application details, including the reservation categories and

to make necessary corrections. No category change is permitted

thereafter. The Rules as it originally stood provided that in case the

information furnished at any stage of the application, examination and

admission process is found to be false or incorrect or if there is any

discrepancy or mismatch between the information furnished by the

candidate at the relevant section and the certificates/documents

produced at the time of admission, the provisional admission offered to

the candidate shall stand cancelled with immediate effect without

assigning any further reason and the candidate shall stand disqualified

from being considered for further admission to NLUs by the CLAT

Consortium office. However, the last limb of the aforesaid Rule was

modified by Ext. R1(c) which provides that if such discrepancy or

mismatch relates to the candidate's eligibility for inclusion in a

particular reservation category, that candidate shall be considered for

admission to the NLUS in subsequent rounds of the admissions

counselling process, without being included in that reservation W. P. (C) No. 290 of 2023

category. Relying on Ext. R1(c), Sri. Paulose C. Abraham, the learned

counsel for the 1st respondent, submits that the petitioner's application

continues to be eligible for consideration in all further round of

counselling viz; All India General, All India OBC and General

Category of Kerala. It is, however, contended that the prayer of the

petitioner to be considered as an SEBC-ETB candidate cannot be

adhered to as the same would be contrary to the Rules. It is further

stated that the Grievance Redressal Committee (GRC) constituted by

the 1st respondent has recommended that changes in reservation

category ought not to be permitted to any candidates who claim to

have made errors in their original applications, and the Rules of the

exam as modified by Ext. R1(c) shall be enforced uniformly without

making any case-by-case exception. It is stated that permitting any

change in the reservation category after the notified period would

delay and derail the entire admission process for CLAT-2023 and any

change in the reservation category of one candidate would have spill-

over effects on the claims and interests of all other candidates. Sri.

Paulose refers to various decisions of the Hon'ble Supreme Court and

other High Courts where the Courts refused to interfere with the W. P. (C) No. 290 of 2023

admission process and submits that if the candidate has made a

mistake in filling up the application, necessarily, he has to suffer the

consequence.

4. Smt. Tushara James, the learned counsel for the 2 nd respondent

submits that the final allotment list has been published and the

admission process has been completed and closed and the petitioner

does not find a place in the list of students who have been admitted to

NUALS, Kochi.

5. Admittedly, the petitioner did not apply for the CLAT 2023

under the category SEBC-ETB. He mistakenly chose his category as

SEBC-OBH in the application form. The application portal for CLAT

2023 was opened on 08.08.2022 and the candidates were given time up

to 20.11.2022 to check their application details including the

reservation categories and to make necessary corrections. The

petitioner did not make any correction in the reservation category

during this period. Admittedly, the correction was sought for only on

29.12.2022. The examination Rules of CLAT 2023 do not permit

correction of reservation category after the notified cut-off date. The W. P. (C) No. 290 of 2023

petitioner is a minor student who is desirous of pursuing his studies in

law in the NLU. Unfortunately, he has made a mistake in filling up the

application and the examination Rules do not favour him. I have to

agree with the submission made by the learned counsel for the

respondents that permitting change in the reservation category after the

notified cut-off date would derail the entire admission process and

would affect the claims and rights of other candidates who are not at

fault. The prayer of the petitioner for change of category from SEBC-

OBH to SEBC-ETB has, therefore, to be rejected and left with no

choice, I do so. However, in the light of Ext. R1 (c), the petitioner's

application continues to be eligible for consideration under the All

India General, All India OBC, and General Category of Kerala.

6. Sri. M. R. Arun Kumar, the learned counsel for the petitioner,

submits that the counselling done by the CLAT consortium is over

with the fifth round of counselling and NUALS has started its own

admission process for filling up the left over seats and has invited

application for the same. The learned counsel submits that the

petitioner is entitled to be included in the reserved category of SEBC-

ETB in the independent selection process of NUALS for filling up the W. P. (C) No. 290 of 2023

left over seats.

7. Smt. Tushara, on instructions from the 2 nd respondent, submits

that, by notification dated 14.06.2023, the 2 nd respondent had called for

expression of interest in prescribed proforma from candidates who

have appeared for the CLAT 2023 and whose names are included in

the CLAT 2023 results uploaded in the website of the CLAT

Consortium against admission to the vacant seats that may arise under

different categories. Learned counsel for the 2nd respondent has handed

over a copy of the notification dated 14.06.2023 wherein it is stated

that the norms for reservation as notified in the CLAT / University

website shall be followed and the claims under various reserved

categories will be considered only if the candidate had claimed the

same in the CLAT 2023 online application. Since the petitioner has not

applied under SEBC-ETB in the CLAT 2023, he cannot be included in

the reserved category of SEBC-ETB for admission against vacant seats

that may arise in NUALS.

8. In case there are vacant seats under the three categories viz;

the All India General, All India OBC, and General Category of Kerala, W. P. (C) No. 290 of 2023

the petitioner shall be considered for admission under these categories

on the basis of his rank in CLAT 2023, eligibility and subject to any

cut-off date fixed for closing admissions.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

Eb

///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 290 of 2023

APPENDIX OF WP(C) 290/2023

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE APPLICATION FOR APPEARING IN CLAT EXAMINATION SUBMITTED BY THE PETITIONER EXHIBIT P2 COPY OF THE CASTE CERTIFICATE SHOWING THAT THE PETITIONER BELONGS TO EZHAVA COMMUNITY EXHIBIT P3 COPY OF THE ADMIT CARD NO.121011130 FOR EXAMINATION EXHIBIT P4 COPY OF THE SCORE CARD AVAILABLE ON THE WEBSITE OF THE 2ND RESPONDENT SHOWING THE RANK POSITION EXHIBIT P5 COPY OF THE INFORMATION AVAILABLE ON THE WEBSITE OF THE 1ST RESPONDENT EXHIBIT P6 COPY OF THE RELEVANT PAGES OF THE PROSPECTUS OF THE NUALS, KOCHI EXHIBIT P7 COPY OF THE INTIMATION FOR APPEARING FOR COUNSELLING EXHIBIT P8 COPY OF THE RECEIPT EVIDENCING REMITTANCE OF COUNSELLING FEES EXHIBIT P9 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 29.12.2022 EXHIBIT P10 COPY OF THE E-MAIL COMMUNICATION OF THE 1ST RESPONDENT REJECTING THE REQUEST EXHIBIT P11 COPY OF THE MAIL SENT BY THE PETITIONER ADDRESSING THE 1ST RESPONDENT DATED 30.12.2022 EXHIBIT P12 TRUE COPY OF THE EMAIL COMMUNICATION REJECTING EXT.P11 REQUEST FOR RE-

CONSIDERATION W. P. (C) No. 290 of 2023

EXHIBIT P13 RELEVANT PAGES OF THE INSTRUCTIONS FOR THE ADMISSION COUNSELLING PROCESS DATED 28.12.2022 RESPONDENT ANNEXURES ANNEXURE R1(A) TRUE COPY OF THE RESPONDENT NO. 1 INSTRUCTIONS FOR UG PROGRAMME ANNEXURE R1(B) TRUE COPY OF THE RESPONDENT NO. 1 NOTIFICATION DATED 18.11.2022 ANNEXURE R1(C) TRUE COPY OF RESPONDENT NO.1 CORRIGENDUM DATED 12.01.2023 ANNEXURE R1(D) TRUE COPY OF THE RELEVANT EXTRACTS OF THE MINUTES OF THE GRC MEETING DATED 13.02.2023 ANNEXURE R1(E) TRUE COPIES OF ORDERS OF THE SUPREME COURT AND VARIOUS HIGH COURTS