Kerala High Court
Fathimathul Labeeba M vs The Commissioner For The Entrance ... on 3 October, 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WA NO. 1549 OF 2024
AGAINST THE ORDER DATED 25.09.2024 IN WP(C) NO.33271
OF 2024 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
FATHIMATHUL LABEEBA M
AGED 20 YEARS
D/O MUJEEB RAHMAN, MADASSERI HOUSE, OMANOOR,
CHEEKKODE, MALAPPURAM, PIN - 673645
BY ADVS.
MANAS P HAMEED
AMALJITH
IPSITA OJAL
REBIN VINCENT GRALAN
RESPONDENT(S)/RESPONDENT:
THE COMMISSIONER FOR THE ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER FOR ENTRANCE
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EXAMINATIONS,7TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM, PIN -
695001
SR.GP SRI. V.TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
NITIN JAMDAR, C.J.
Heard Sri. Rebin Vincent Gralan, learned counsel for the
Appellant and Sri. V.Tekchand, learned Government Pleader for the
Respondent.
2. The Appellant is a student aspirant of taking admission to the
MBBS course pursuant to the professional degree courses, 2024, which
are conducted by the Commissioner for Entrance Examinations.
3. The Appellant applied for the said course based on her
NEET (UG) rank. The Appellant had applied under the General
category and thereafter, according to the Appellant, when the
Appellant realised her mistake, made representation before the
Respondent on 13 September 2024 to correct the category as 'Muslim'
instead of 'General' to entitle her the benefits of reservations policy of
the State.
4. Since the Appellant did not get any relief from the
Respondent and that the second allotment of admission was scheduled,
the Appellant approached this Court by way of W.P.(C)No.33271 of
2024. The learned Single Judge, by the impugned order dated 25
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September 2024 rejected the interim relief on the ground that the date
for application is long since over and the certificate based on which the
Appellant was seeking benefits of reservation policy having not
uploaded along with the application, the same cannot be done now.
Being aggrieved, the Appellant is before us.
5. The learned counsel submitted that the decisions which are
relied upon are referred to by the learned Single Judge in the impugned
order are distinguishable on facts. The learned counsel submitted that
it was a mistake on the part of the office of the Respondent in wrongly
entering the category and when the Appellant realised her mistake, the
Appellant had applied for correction and an opportunity be given to
the Appellant to correct the category as last date for the second
allotment is 4 October 2024.
6. Learned Government Pleader representing the Respondent
based on written instructions submitted that the Appellant had to apply
as on before the date provided in the prospectus / notification on 17
April 2024, and thereafter various opportunities were given to the
Appellant, which the Appellant did not avail of and at this stage, it is
not possible to entertain any grievance of the Appellant.
7. The notification stipulated the last date of application as 17
April 2024 at 5 p.m. As per the notification, the certificate had to be
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annexed with the application along with non creamy layer certificate.
After the cut off date, the Respondent had given various opportunities
to the candidates on 24 April 2024, 24 June 2024, 9 July 2024, 23
July 2024 up to 29 July 2024. Thereafter, the provisional list was
published on 16 August 2024 and final list on 19 August 2024. After
all these opportunities were given and even the final list was published,
the Appellant sought correction by application on 13 September 2024.
Therefore, if the Appellant does not get any relief, the situation is of
Appellant's own creation because despite several opportunities being
provided, no steps were taken by the Appellant. Nothing is shown why
the Appellant could not avail of the various opportunities from April
2024 till August 2024 when the list was finalized. Therefore, we find
no error in the view taken by the learned Single Judge.
6. The appeal is accordingly dismissed.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
uu
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WA NO. 1549 OF 2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE NOTIFICATION DATED
26.03.2024 ISSUED BY RESPONDENT
