Kerala High Court
Delphy Varghese vs Ministry Of Ayush (Union Of India) on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WP(C) NO. 34587 OF 2023
PETITIONER/S:
DELPHY VARGHESE
AGED 25 YEARS, D/O VARGHESE P.A,
PALLIPPADAN HOUSE, KUZHUR P.O,
KAKKULISSERI, CHALAKKUDI,
THRISSUR DISTRICT, PIN - 680734
BY ADVS.
P.SAMSUDIN
A.M.BABU
NASRIN WAHAB
MILAN RACHEL MATHEW
RESPONDENTS:
1 MINISTRY OF AYUSH (UNION OF INDIA)
AYUSH BHAVAN, G.P.O. COMPLEX, INA, NEW DELHI,
REPRESENTED BY ITS SECRETARY, PIN - 110023
2 THE DIRECTOR,
DIRECTORATE OF HOMEOPATHI, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695023
3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS
5TH FLOOR, KSHB BUILDING,
SS KOVIL ROAD, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
ADV.SRI.S.MANU, DSGI
SMT.NISHA BOSE, SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34587 OF 2023
2
T.R. RAVI, J.
--------------------------------------------
W. P. (C). No.34587 of 2023
--------------------------------------------
Dated this the 26th day of October, 2023
JUDGMENT
The petitioner seeks inclusion in the EWS quota for admission
for post graduate courses in Homoeopathy. It is submitted that the
petitioner downloaded the proforma of EWA on 07.10.2023 and
applied for a certificate on 09.10.2023. It is submitted that the EWA
certificate from the Village Officer could be obtained only on
12.10.2023. The notification Ext.P5 was issued on 10.10.2023
directing to cure defects in the details uploaded and for submission of
certificates by 4.00 p.m. on 11.10.2023, which the petitioner could
not do. It is hence prayed that the petitioner may be included in the
EWS quota based on the certificate which has been issued to her on
12.10.2023. The petitioner has stated that 55 attempts were made
by the petitioner, but to no avail. Since the attempts have been made
only after receiving the EWS certificate, by which time the time for
submission was already over, the respondents cannot be blamed for
the failure of the attempts, since it is not a case of technical glitch.
2. The Government Pleader on instructions submitted that the first
WP(C) NO. 34587 OF 2023
stage of allotment is already over and if any person is included in the
list at this stage, that would be a discrimination as against several
other persons who may be similarly situated who could not upload
documents in time. The admission process is going on, on the basis
of certain time line and this Court cannot interfere with the said time
line and permit the petitioner to submit documents after the last
dates prescribed, which will lead to an unending process of selection.
The acknowledgment of the application which has been produced by
the petitioner shows that the application itself was made under
general quota and as such it is a case of late realisation for the
petitioner that she is entitled to a different quota.
No relief can be granted in such circumstances. The writ
petition fails and is dismissed.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 34587 OF 2023
APPENDIX OF WP(C) 34587/2023
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE SCORE CARD OF THE
PETITIONER (RESULT DATE 18-08-2023)
Exhibit-P2 TRUE COPY OF THE NOTIFICATION DATED
04-10-2023.
Exhibit-P3 TRUE COPY OF THE ACKNOWLEDGEMENT PAGE
APPEARED IN THE DASH BOARD OF THE
PETITIONER DATED 06-10-2023.
Exhibit-P4 TRUE COPY OF THE EWS CERTIFICATE ISSUED BY
THE VILLAGE OFFICER KAKKULISSERI DATED
12-10-2023
Exhibit-P5 TRUE COPY OF THE NOTIFICATION DATED
09-10-2023.
Exhibit-P6 TRUE COPY OF THE CATEGORY WISE LIST DATED
13-10-2023
