Dismissed

N.Abraham v. State of Kerala

Kerala HC9 Jul 2019WP(C)/17441/2019

Case brief

AI extract

What is this about?

The High Court of Kerala examined a writ petition seeking shelter for MBBS admission under the Scouts and Guides Special Reservation. The Court observed that while the petitioner holds a provisional certificate, he falls under Non-Keralite Category II, which the KEAM 2019 prospectus explicitly excludes from Medical admission. Consequently, the Court dismissed the petition.

What the court decided

AI extract

N.Abraham Vs State of Kerala — Education and Admissions | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941 WP(C).No.17441 of 2019

¶5

PETITIONER:

¶6

N.ABRAHAM, AGED 18 YEARS, S/O.N.C.ALEXANDER, RESIDING AT C-1, 2ND FLOOR, ASHOK NANDAGI APARTMENTS, CHETPET, CHENNAI-600 013.

¶7

BY ADV. SRI.M.S.SAJEEV KUMAR

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA, GENERAL EDUCATION DEPARTMENT, REPRESENTED BY ITS SECRETARY-695 001.

¶10

2 THE COMMISSIONER OF ENTRANCE EXAMINATINOS, THIRUVANANTHAPURAM, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR,HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

¶11

3 STATE SECRETARY, THE BHARAT SCOUTS AND GUIDES, STATE HEAD QUARTERS, WENLOCK PARK, KAMARAJAR SALAI, TRIPLICANE,CHENNAI-600 005.

¶12

4 THE CHIEF NATIONAL COMMISSIONER, THE BHARAT SCOUTS AND GUIDES, NATIONAL HEADQUARTERS, LAKSHMI MAZUMDAR BHAWAN 16,MAHATMA GANDHI MARG,INDRAPRASTHA ESTATE, P.O.BOX NO.7043,NEW DELHI-110 002.

¶13

SRI.B.VINOD,SR.GP.

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No.17441 of 2019 2

¶16

JUDGMENT

¶17

This writ petition is filed by the petitioner seeking direction to the 2^nd respondent to consider

¶18

the application of the petitioner for MBBS admission under the KEAM-2019 by extending the Bharat Scouts and Guides Special Reservation benefits to the petitioner and for other consequential and related reliefs.

¶19

Brief material facts for the disposal of

¶20

the writ petition are as follows.

¶21

Petitioner was conferred with

¶22

Rashtrapathi Scouts Award in the year 2016 and the 4^th respondent has issued Ext.P2 provisional certificate in confirmation of the same. The petitioner on successful completion of Higher Secondary course passed NEET as evident from Ext.P3 and applied for KEAM 2019 under NonKeralite-II category which is evidently confirmed

¶23

as per Ext.P6. In pursuance thereto the 2^nd

¶24

WP(C).No.17441 of 2019 3

¶25

respondent as per Ext.P7 informed the petitioner

¶26

that the certificate is not signed by the President of India or by DPI or State Secretary of Scouts and Guide. Accordingly directed to submit Certificate duly signed by the Hon'ble President of India or DPI or State Secretary of

¶27

Scouts and Guide. In compliance to Ext.P7, petitioner submitted Ext.P8 certificate duly

¶28

issued by the 3^rd respondent, i.e., the State Secretary of Scouts and Guides. In spite of compliance of Ext.P7, 2^nd respondent as per Ext.P10 again required the petitioner to submit

¶29

the certificate signed by the Hon'ble President of India.

¶30

According to the petitioner, the

¶31

validity of the provisional certificate is almost at par with the original and hence non acceptance of the same as well as Ext.P8 for

¶32

admission purpose is illegal. The sole reason

¶33

stated in Ext.P7 and Ext.P10 is the non submission of certificate signed by the Hon'ble

¶34

WP(C).No.17441 of 2019 4

¶35

President of India and therefore it is clear

¶36

that petitioner has satisfied all other criteria for admission under the Special Category Reservation Scheme. In such circumstances, insistence on the part of the 2^nd respondent to produce certificate signed by the Hon'ble President of India has no legal sanctity, is the contention. It is thus seeking appropriate directions, this writ petition is filed.

¶37

A statement is filed for and on behalf

¶38

of the 2^nd respondent also explaining the modalities for admission to medical courses under various categories, in accordance with the

¶39

prospectus 'KEAM 2019' issued by the Commissioner of Entrance Examinations. It is

¶40

pointed out that, there is no reservation for Scouts and Guide for Medical admission and the reservation is only for Engineering as per Clause 5.2.14 of KEAM prospectus. So also as is stipulated under clause 6.3 of KEAM prospectus 2019, Non-Keralite Category - II candidates are

¶41

WP(C).No.17441 of 2019 5

¶42

not eligible for admission to Medical and allied courses including MBBS/BDS and for admission to Government Engineering/Pharmacy courses.

¶43

Among other contentions, it is also

¶44

stated that, petitioner is admittedly not a Keralite by birth and he is a candidate, who has not undergone qualifying course in Kerala and has been a resident of Kerala State for a period of five years within the period of twelve years of his study and has undergone his school studies in Kerala from standard VIII to XII. Therefore, he does not belong to NonKeralite Category II and is hence not eligible for special reservation inclusive of Scouts and Guides reservation. The issue is guided by the prospectus which reads thus:-

¶45

6.1(iii) Non-Keralite Category II[NK II]: Candidates who do not come under 'Keralite' or 'NonKeralite Category I' will be categorised as 'Non-Keralite Category II'. Such candidates are eligible for admission to Government seats and Management quota seats in Engineering/courses in Government

¶46

WP(C).No.17441 of 2019 6

¶47

Controlled Self financing Colleges. However, the 'Non-Keralite Category II'(NK II) candidates will be considered for admission to the Government seats in Government Controlled Self Financing Engineering Colleges only when the Keralite and NonKeralite I (NK I) candidates are not available for admission.'Non-Keralite Category II' (NK II) candidates are also eligible for admission to Government Seats and Management Quota seats in Private Self Financing Engineering/Architecture Colleges, which will be notified separately. But they will not be eligible for Communal/ Special/ persons with Disabilities reservation or any fee concession. 'Non-Keralite Category II' (NK II) candidates are also eligible for admission to a maximum of 10% seats under Management Quota in Private Self Financing Pharmacy colleges subject to fulfilling the eligibility conditions in clause 6.2 & 6.3. 'Non-Keralite Category II' (NK II) candidates are not eligible for admission to Medical and Allied Courses including MBBS/BDS and for admission to Government Engineering/Pharmacy Colleges.

¶48

Note: The following category of

¶49

WP(C).No.17441 of 2019 7

¶50

candidates will not be governed by clauses (i), (ii) and (iii) above: Candidates to be admitted in respect of seats reserved for the nominees of Government of India, Administration of Union Territory of Andaman and Nicobar Islands, Lakshadweep Administration, Jammu & Kashmir, candidates selected through the All India quota seats for MBBS/BDS courses and candidates sponsored under reciprocal quota by Govt. of Karnataka/Tamil Nadu.

¶51

Having evaluated the situations and

¶52

hearing the respective counsel across the bar, I am of the considered opinion that even if petitioner is entitled to get the certificates considered in accordance with the special scheme provided as per the prospectus, by virtue of the stipulations contained in Non-Keralite category, the petitioner is not entitled to get admission under the quota which is quite clear and evident from the stipulations contained in the prospectus. In that view of the matter, I do not think, petitioner has made out any case of arbitrariness or illegality justifying interference of this

¶53

WP(C).No.17441 of 2019 8

¶54

Court under Article 226 of the Constitution of

¶55

India.

¶56

The writ petition fails and accordingly it is

¶57

dismissed.

¶58

Sd/-

¶59

SHAJI P.CHALY JUDGE

¶60

sru

¶61

WP(C).No.17441 of 2019 9

¶62

APPENDIX

¶63

PETITIONER'S EXHIBITS:

¶64

EXHIBIT P1 TRUE COPY OF HIGHER SECONDARY COURSES CERTIFICATE WITH SL.NO.13773822 DATED 16/5/2018. EXHIBIT P2 TRUE COPY OF 'PROVISIONAL RASHTRAPATHI AWARD CERTIFICATE' DATED 2/7/2018. EXHIBIT P3 TRUE COPY OF NATIONAL ELIGIBILITY CUM ENTRANCE TEST (UG)-2019 SCORE CARD DATED 5/6/2019. EXHIBIT P4 TRUE COPY OF NOTIFICATION NO.CCE/5454/2018/KEAM-2019 DATED 13.5.2019. EXHIBIT P5 TRUE COPY OF PROSPECTUS FOR KEAM 2019. EXHIBIT P6 TRUE COPY OF CONFIRMATION PAGE-KEAM 2019 DATED 13/5/2019. EXHIBIT P7 TRUE COPY OF E-MAIL DATED 11/6/2019. EXHIBIT P8 TRUE COPY OF CERTIFICATE DATED 7/6/2019 EXHIBIT P9 TRUE COPY OF COVERING LETTER ATTACHED TO MAIL DATED 7/06/2019. EXHIBIT P10 TRUE COPY OF MEMO COMMUNICATED VIA EMAIL ON 11.06.2019. RESPONDENT'S EXHIBITS:NIL

N.Abraham v. State of Kerala

Case brief

What is this about?

What the court decided

N.Abraham v. State of Kerala

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sidhik K.M Vs Lathesh Kumar V.V

Vibin Varghese Vs the District Collector

Vysakhan Radhakrishnan, Vs Tahsildar

Geetha.T.C, Vs Union of India

P M Sainabi Vs Mohammed Y Safirulla K

Gautham Shankar.S, Vs Regional Officer