Dismissed

Archana V.M. v. State of Kerala

Kerala HC14 Sept 2020WA/1183/2020

Case brief

AI extract

What is this about?

Candidate for KEAM-2020 who did not claim OBC (Non-Creamy Layer) reservation, or upload her caste and non-creamy layer certificates, with her online application sought interim permission to upload them later. The court found she had suppressed the notifications extending time for rectifying defects, and that rectification was confined to defects already in the application. Appeal dismissed.

What the court decided

AI extract

Archana V.M. Vs State of Kerala — Education and Admissions | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942

¶7

WA.No.1183 OF 2020

¶8

[AGAINST THE INTERIM ORDER DATED 25.08.2020 IN WP(C) NO.16432/2020(D) OF THE LEARNED SINGLE JUDGE]

¶9

APPELLANT/PETITIONER:

¶10

ARCHANA V.M., D/O. MOHAN DAS.V.K., AGED 17 YEARS, CHITHRA HOUSE, KANNADIKKAL ROAD, VENGERI P.O., KOZHIKODE-673 010, MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN, MOHANDAS V.K., AGED 55 YEARS, S/O. V.KRISHNAN, CHITHRA HOUSE, KANNADIKKAL ROAD, VENGERI P.O., KOZHIKODE-673 010.

¶11

BY ADV. SRI.T. D. SUSMITH KUMAR

¶12

RESPONDENTS/RESPONDENTS:

¶13

1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶14

2 THE COMMISSIONER OF ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, FIFTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001

¶15

BY SRI. V. MANU, SR. GOVERNMENT PLEADER

¶16

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A. 1183/2020

JUDGMENT

Dated this the 14^th day of September, 2020

¶21

Manikumar, CJ

¶22

Instant writ petition is filed against the interim order dated 25.08.2020 in W.P.(C) No.16342 of 2020, by which a learned single Judge of this Court declined to grant the interim prayers sought for by the appellant in the writ petition. The interim prayers sought for in the writ petition, are as under:

¶23

(a) “To direct the Commissioner for Entrance Examinations, Office of the Commissioner for Entrance Examinations, Thiruvananthapuram (respondent No.2), to provisionally permit the writ petitioner, to rectify the defects in Application No.1111759 by uploading Exhibit-P2 Caste Certificate dated 28.05.2019 and Exhibit-P4 Non-Creamy Layer Certificate dated 20.12.2019 forthwith, so as to avail the reservation in SEBC/OBC (Non-Creamy Layer) Quota;

¶24

(b) To direct the 2^nd respondent, provisionally admit the petitioner in SEBC/OBC (Non-Creamy Layer) quota in KEAM2020, in the eventuality of the petitioner qualifies the examination for any course;

¶25

¶26

Facts leading to the appeal are that, appellant has applied for

¶27

Kerala Engineering, Architecture and Medical Courses, 2020 (hereinafter referred to as, 'KEAM-2020', for brevity). She has opted for Medical and

¶28

W.A. 1183/2020

¶29

¶30

Allied Courses. The date notified to submit her Application No.1111759 was from 1.2.2020 and the cut off date was on 29.02.2020. She submitted her application on 3.2.2020 and downloaded the confirmation page KEAM2020 dated 3.2.2020 from the Candidate Portal of the 2^nd respondent.

¶31

Appellant has further stated that she belonged to Viswakarma Caste and comes under the category of Socially and Educationally Backward Classes (SEBC), as evident from Exhibit-P2 certificate issued by Vengeri Village Office. Moreso, she belonged to the Non-Creamy Layer and obtained Non-Creamy Layer Certificate in the prescribed format bearing No.K2/40103/2019/K.Dis dated 20.12.2019 issued by the Tahsildar, Kozhikode (Exhibit-P4).

¶32

Appellant has further stated that though she belonged to OBC (NCL) and obtained all the relevant certificates, in consonance with the prescribed format by the 2^nd respondent, for getting reservation under the OBC(NCL) category, while applying for KEAM-2020, she omitted to upload the respective certificates, owing to the inadvertent mistake committed by Akshaya Centre, from where she uploaded the application. Therefore, she is now categorised in the general category, instead of OBC(NCL), though she is entitled for reservation under the said category.

¶33

Coming to know about the defects, appellant sent a letter to the 2^nd respondent via official email, as per the notification issued, by

¶34

W.A. 1183/2020

¶35

¶36

extending the time upto 7.8.2020 for rectification of defects. Eventually, on 5.8.2020, the appellant was permitted to rectify the defects and to upload the documents in the candidate portal. Thereafter, on 7.8.2020, the 2^nd respondent informed the appellant that she is not entitled for reservation, even though she was permitted to rectify the defects.

¶37

Appellant has further contended that the applications pertaining to KEAM-2020 are being processed and the 2^nd respondent has not even fixed the date of issuance of Admit card to the candidates. Hence, she filed W.P.(C) No.16432 of 2020 with a prayer to direct the 2^nd respondentthe Commissioner for Entrance Examinations, Thiruvananthapuram, to provisionally permit her to rectify the defects in Application No.1111759, by uploading Exhibit-P2 Caste Certificate dated 28.05.2019 and Exhibit-P4 Non-Creamy Layer Certificate dated 20.12.2019 forthwith, so as to avail the reservation in SEBC/OBC (Non-Creamy Layer) quota.

¶38

Writ court, by order dated 25.08.2020 in W.P.(C) No.16432 of 2020, ordered as under:

¶39

“4. The learned Government Pleader submits that Ext.P1, which is the confirmation page in respect of the KEAM Examination 2020, produced by the petitioner herself would show that the petitioner had not claimed any caste reservation in the application submitted by her and that the category claimed was general.

¶40

W.A. 1183/2020

¶41

¶42

In the above view of the matter, it is submitted that the request made by the petitioner for uploading of the Caste Certificate and the Non-Creamy Layer Certificate is unwarranted. In case, the petitioner sought any benefit on the basis of the community quota, the certificate ought to have been uploaded along with the application itself. In the above view of the matter, I am of the opinion that the interim prayers sought for cannot be granted.

¶43

Post after holidays.”

¶44

Being aggrieved, this appeal is filed on the following grounds:

¶45

A. The interim measures would not cause prejudice, neither to the respondents, nor to any third party, or the other candidates thereof, in the backdrop that KEAM-2020 examination is scheduled only to 3.9.2020.

¶46

B. The appellant firmly and bonafidely believe that she will ultimately be succeed in the writ petition, however the respondents are resorting to delay tactics, with deliberate intention to render the writ petition infructuous.

¶47

C. Non-submission of Exhibits-P2 and P4 along with KEAM-2020 application is neither wilful nor with deliberate intention, but due to the inadvertent omission on the part of the Akshaya Centre to upload the same, since the appellant had given clear instructions to the Akshaya Centre that she belongs to OBC (Non-Creamy Layer) category, as well as Exhibits-P2 and P4.

¶48

D. The appellant is eligible for reservation under the category of OBC (Non-Creamy Layer), in accordance with Exhibits-P2 and

¶49

W.A. 1183/2020

¶50

¶51

P4. Moreso, she has also uploaded the Secondary Leaving School Certificate (Exhibit-P3) along with the application form, wherein it is explicit that she belongs to OBC (Viswakarma) category.

¶52

E. Learned single Judge ought to have perceived that, the appellant is a fiercely studious, as evident from Exhibit-P3. Denial on the part of the 2^nd respondent to rectify the defects in KEAM-2020 application submitted by the appellant, by uploading Exhibits-P2 and P4, in consonance with Exhibit-P8 letter, even during the extended time reckoned upon ExhibitP7 notification is illegal and arbitrary, moreso the 2^nd respondent imparted utmost disparity, since opportunity was given to rectify the defects in the certificates pertaining to EWS and NRI Quota, pursuant to Exbhibit-P7.

¶53

On the above grounds, Mr. Susmith Kumar T.D., learned counsel for the appellant, made submissions. He also relied on the decision of the Rajasthan High Court in Asif Ali Khan v. State of Rajasthan and Ors. [S.B. Civil Writ Petition No. 9455/2019 Dated 04.09.2019].

¶54

On this day, when this appeal was taken up, based on the instructions received from the respondents, prospectus and other supporting documents, Mr. V. Manu, learned Senior Government Pleader, submitted that on 15.02.2020, a press release was issued by the 2^nd respondent-Commissioner for Entrance Examinations, reminding the aspiring candidates about the last date for submitting the applications.

¶55

W.A. 1183/2020

¶56

¶57

On 07.11.2019, a notification dated 07.11.2019, was issued by the 2^nd respondent - Commissioner for Entrance Examination, notifying the schedule of the entrance examinations. Thereafter, on 26.11.2019, another notification was issued by the 2^nd respondent, notifying that the procedure for inviting applications for KEAM-2020 would start from the month of January, 2020 onwards and that, in order to avail category/ reservation benefits, the eligible candidates should upload the relevant category certificates along with the online application form.

¶58

Learned Senior Government Pleader further submitted that on 23.12.2019, another notification was issued by the 2^nd respondent to the effect that those who wanted to avail the benefits of various reservations for admission to KEAM-2020 must get all the certificates in advance, to be uploaded along with the applications. It was also notified that only those certificates that would be uploaded along with the online application form would be accepted .

¶59

Learned Senior Government Pleader further submitted that on 31.01.2020, another notification was issued by the 2^nd respondent, whereby applications were invited for admission to Engineering / Architecture / Pharmacy / Medical & Allied Courses, Kerala. Clause 6 of the abovesaid notification dated 31.01.2010, which speaks about the last date and time for online submission of application, reads thus:

¶60

W.A. 1183/2020

¶61

¶62

“ The last date for online submission of application is 25/02/2020, 5 pm. The candidates should upload Photo (should take within 6 months), Signature, Date of Birth proof, and Nativity proof along with Online Application within 25.02.2020, 5.00 pm. The eligibility certificates and other supporting documents should be uploaded on or before 29.02.2020, 5 pm. Do not send printout of confirmation page or any other documents to the office of the Commissioner for Entrance Examination .”

¶63

He further submitted that on 2.2.2020, KEAM Prospectus, approved by the Government on 30.01.2020, was uploaded in the website of the 2^nd respondent. As per Note (i) of Clause 5 of the Prospectus, Claims for Special/Mandatory reservations must be made by a candidate in the online application and the supporting documents shall be uploaded along with the online application, within the stipulated time. The claim has to be specified in the application, in the appropriate places. Claims made after the submission of online application will not be entertained even if supporting evidences are produced. The claims for Special and Mandatory reservation once made in the application cannot be altered by the candidate under any circumstance.

¶64

Clause 7 of the abovesaid notification dated 31.10.2020 speaks about the documents and certificates to be uploaded along with the online applications, including certificates/documents for Communal/ Special Reservation. On 3.2.2020, appellant has submitted her application for KEAM Exam. Contrary to her contention in the writ petition, she did

¶65

W.A. 1183/2020

¶66

¶67

not upload the relevant page of her SSLC Book along with her online application on 3.2.2020. Instead, she uploaded her birth certificate, nativity certificate and income certificate.

¶68

Learned Senior Government Pleader further submitted that as discernible from Exhibit-P1, appellant did not claim any reservation and her claim was in general quota (shown as Category Claimed: NA/General). That apart, she did not upload any certificate to show that she was eligible for reservation.

¶69

Learned Senior Government Pleader further submitted that on 24.02.2020, press release was issued by the 2^nd respondent, extending the last date for submission of online applications to 29.02.2020. On 28.02.2020, another press release was issued by the 2^nd respondent to the effect that the last date for submission of applications would not be further extended. Thereafter, KEAM Examination was postponed due to COVID-19 pandemic.

¶70

Later, the 2^nd respondent has issued a notification dated 11.05.2020, whereby candidates were requested to verify their profiles and rectify the defects. In the notification, last date for submission of requests to the office of the CEE by post or through email for ratification of personal details was mentioned as 25.05.2020, 5.00 pm.

¶71

Learned Senior Government Pleader further submitted that on

¶72

W.A. 1183/2020

¶73

¶74

11.05.2020, the appellant was issued with a memo online regarding her nativity, insofar as the birth place in the birth certificate differed. Thereafter on 16.07.2020, KEAM Entrance held. Appellant rectified the defect with regard to her nativity on 3.8.2020 and uploaded the relevant page of her SSLC Book, as well that of her mother's SSLC Book.

¶75

Learned Senior Government Pleader further submitted that on 7.9.2020, notification was issued by the 2^nd respondent, extending the last date for curing the defects upto 10.09.2020. However, only the defects in the documents entered already were permitted to be cured. It was specifically stated therein that the same would not be considered for allotting any claim/reservation.

¶76

Learned Senior Government Pleader further submitted that on 9.9.2020, KEAM Scores were published. Now, the process of standardisation of KEAM Scores along with Higher Secondary marks of the candidates is going on. He further submitted that the contention of the appellant based on the mistake alleged to have been committed by Akshaya Centre cannot be accepted. As per Note to Clause 7.4 of the Prospectus, facilitation centres will be functioned across the State, from where candidates can submit their online applications. It was also submitted that all Government and Aided schools, as well as Government Engineering Colleges, are facilitation centres.

¶77

W.A. 1183/2020

¶78

¶79

Having regard to the sequence of events, learned Senior Government Pleader submitted that if the appellant is allowed to submit her documents for fresh claims such as reservation, the entire process of admission will be delayed. For the above reasons, he prayed for dismissal of the appeal.

¶80

Heard learned counsel for the respective parties and perused the material on record.

¶81

Notification issued by the 2^nd respondent dated 07.11.2019 is extracted hereunder:

¶82

“Government of Kerala

¶83

Office of the Commissioner for Entrance Examinations Housing Board Buildings, Santhi Nagar, Thiruvananthapuram-695 001

¶84

NOTIFICATION

¶85

KERALA EIGINEERING ENTRANCE EXAMINATION DATES ANNOUNCED 2020-21

¶86

The Entrance Examination for admission to Engineering courses in Kerala, for the year 2020-21 will be conducted as per the following schedule:

¶87

Dates and Time of Engineering Entr	ance Examination
Subject Date	Time(IST)
Paper l 20.04.2020	10 AM - 12.30 PM
Physics & Chemistry (Monday)
Paper II 21.04.2020	10 AM- 12.30 PM
Mathemathics (Tuesday)

¶88

Candidates who desire to get admission in the various Engineering Courses in Kerala shall have to appear and qualify in the Kerala Engineering Entrance Examination to be conducted by the Commissioner for Entrance Examinations, Kerala”

¶89

Help Line Numbers: 0471 2339101, 2339102, 2339103, 2339104 & 2332123

W.A. 1183/2020

Sd/-

Thiruvananthapuram Commissioner for Entrance Examinations 07.11.2019

¶94

Notification dated 26.11.2019 issued by the 2^nd respondent is

extracted hereunder:

W.A. 1183/2020

Notification dated 23.12.2019 issued by the 2^nd respondent is

¶99

extracted hereunder:

¶100

“Government of Kerala

¶101

Office of the Commissioner for Entrance Examinations Housing Board Buildings, Santhi Nagar, Thiruvananthapuram-695 001

¶102

NOTIFICATION

¶103

KEAM ADMISSION - 2020

¶104

The process for KEAM Examination 2020 will commence by January, 2020. Those candidates claiming reservation have to upload along with their online applications. Community Certificates (SC/ST category alone), Non Creamy Layer Certificate, (SEBC Children of Couples of Inter faith marriages), Income Certificate (All others part from SC/ST OEC, including General Category), Nativity Certificate (for those whose place of birth have not been specified in the School Certificate Birth Certificate) must be availed from the revenue authorities in advance and kept for uploading the same along with the online application, as and when directed. Only those who submit their certificates along with their online applications will alone be considered for reservation benefits. The certificates to be collected and kept for uploading along with the online application must be those valid at the relevant time, as per the time frame prescribed by the revenue authorities.

¶105

Those claiming the benefits of NRI and Minority categories will also get opportunity to upload their certificates along with their online applications.

¶106

NB-E Certificates issued by the concerned revenue authorities will also be accepted.

¶107

Thiruvananthapuram Commissioner for Entrance Examinations 23.12.2019”

¶108

Press release dated 15.02.2020 issued by the 2^nd respondent,

¶109

notifying the last date for submitting the application, reads thus:

¶110

W.A. 1183/2020

¶111

¶112

“No. CEE/4600/2019/KEAM-2020/TA4

¶113

Government of Kerala

¶114

Office of the Commissioner for Entrance Examinations Housing Board Buildings, Santhi Nagar, Thiruvananthapuram - 695 001

¶115

PRESS RELEASE

¶116

KEAM - 2020

¶117

Regarding the last date for submission of applications for admission to Engineering/ Architecture/ Pharmacy/ Medical/ Medical Allied Courses for the academic year 2020-21.

¶118

The last date for submission of applications for admission to Engineering/ Architecture/ Pharmacy/ Medical/ Medical Allied Courses for the academic year 2020-21 through the website of the Commissioner for Entrance Examinations www.ceelereala.gov.in is 25^th February, 2020. The applications accompanied by documents for nativity and date of birth must be uploaded by 25^th February, 2020. Documents other than nativity and date of birth need be uploaded only 5 pm on 29.02.2020.. The last date for submission of applications and connected documents will not be extended under any circumstances. Those candidates who are appearing for MEET UG Exam must apply online for KEAM 2020 before 25th February, 2020 for getting admitted to Medical and Medical Allied courses in the State of Kerala. The Non Creamy Layer Certificates submitted must be those issued by the Village Officers for education purposes in Kerala. Those certificates issued for other purposes or Central Government purposes will not be accepted. Certificates which are incomplete, unclear or not conforming to the prescribed format will not be accepted and will not be considered for reservation benefits. Those applications and documents which are sent to the Commissioner by post or email even before the prescribed date will also not be accepted. For admission to one or all courses, only one online application must be submitted. The Prospectus for admission to professional colleges in the State will be available at the website of the Commissioner www.cee.kereala.gov.in. The candidates should go through the different clauses of the prospectus and understand the same before filling the online application.

¶119

Help Line No: 0471 — 2525300

¶120

This will function form 8 am to 8 pm on all days from 01.02.2020 to 29.02.2020

¶121

Citizens Call Centre 155300, 0471 — 2335523 Will be functioning on all days 24 hours, including National Holidays.

¶122

W.A. 1183/2020

¶123

¶124

Thiruvananthapuram Commissioner for Entrance Examinations 15.02.2020”

¶125

Press release issued by the 2^nd respondent dated 28.02.2020

¶126

extending the last date for submitting the applications reads thus:

¶127

“No. CEE/4600/2019/KEAM-2020/TA4

¶128

Government of Kerala

¶129

Office of the Commissioner for Entrance Examinations Housing Board Buildings, Santhi Nagar, Thiruvananthapuram - 695 001

¶130

PRESS RELEASE

¶131

KEAM - 2020

¶132

Regarding the Extension of the last date for submission of online applications for admission to Engineering/ Architecture/ Pharmacy/ Medical/ Medical Allied Courses for the academic year 2020-21.

¶133

The last date for submission of applications for admission. to Engineering/ Architecture/ Pharmacy/ Medical/ Medical Allied Courses for the academic year 2020-21 through the website of the Commissioner for Entrance Examinations www.cee.kereala.gov.in has been extended from 25^th February, 2020 to 29^th February, 2020. Those candidates who are appearing for NEET UG Exam conducted by National Testing Agency and interested for getting admitted to Medical and Medical Allied courses in the State of Kerala and those who have applied for National Aptitude Test in Architecture (NATA) and who intend to join Architecture Course in Kerala must apply online for KEAM 2020 before 28^th February, 2020. The applicants must keep printouts of the confirmation page after submitting their applications through the website of the Commissioner for Entrance Examinations..

¶134

Help Line No: 0471 — 2525300

¶135

This will function form 8 am to 8 pm on all days from 01.02.2020 to 29.02.2020 Citizens Call Centre 155300, 0471 — 2335523

¶136

Will be functioning on all days 24 hours, including National Holidays.

¶137

Thiruvananthapuram Commissioner for Entrance Examinations 24.02.2020”

¶138

W.A. 1183/2020

¶139

¶140

Press release dated 28.02.3030, issued by the 2^nd respondent

¶141

stating that the last date for submission of the applications will not be extended, reads thus:

¶142

“No. CEE/4600/2019/KEAM-2020/TA4

¶143

Government of Kerala

¶144

Office of the Commissioner for Entrance Examinations Housing Board Buildings, Santhi Nagar, Thiruvananthapuram - 695 001

¶145

PRESS RELEASE

¶146

KEAM - 2020

¶147

The last date for submission of applications for admission to Engineering/ Architecture/ Pharmacy/ Medical/ Medical Allied Courses for the academic year 2020-21- 29/02/2020

¶148

¶149

Help Line No: 0471 — 2525300

¶150

This will function form 8 am to 8 pm on all days from 01.02.2020 to 29.02.2020

¶151

Citizens Call Centre 155300, 0471 — 2335523

¶152

Will be functioning on all days 24 hours, including National Holidays.

¶153

W.A. 1183/2020

¶154

¶155

Thiruvananthapuram Commissioner for Entrance Examinations 28.02.2020”

¶156

Notification issued by the 2^nd respondent on 11.05.2020 is

¶157

extracted hereunder:

¶158

“No. CEE/4600/2019/KEAM-2020/TA4

¶159

GOVERNMENT OF KERALA

¶160

OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS Housing Board Buildings, Santhi Nagar, Thiruvananthapuram - 695 001

¶161

NOTIFICATION

¶162

KERALA ENGNEERING/PHARMACY/ARCHITECTURE/MEDICAL & MEDICAL ALLIED COURSES (KEAM- 2020) CANDIDATES CAN VERIFY THEIR PROFILE AND RECTIFY THE DEFECTS

¶163

Candidates who have submitted online application to the Commissioner for Entrance Examinations for the admission to Kerala Engineering/Pharmacy/Architecture/Medical & Medical allied courses (KEAM-2020) can verify their profile and rectify the defect if any, from 11.05.2020 onwards. Candidates can view their profile page through the link `KEAM-2020 Candidate Portal' provided in the website www.cee.kerala.gov.in by giving their Application Number and Password. Candidates can also verify the allowed details of their claim such as personal details, reservation status and other benefits in the profile. Those candidates, who have any defects in their online applications can view the defects by clicking the menu item 'Memo details' provided in the profile page. If any claim requires multiple documents /pages that should be merged into a single PDF page before uploading and upload as a single file . Candidates can rectify the defects in their Online Application within the time schedule mentioned below.

¶164

Last date for uploading photo, Signature in the case there is defects in photo and signature

¶165

Last date for Online payment of Balance application Fee, if any

¶166

25.05.2020, 5.00 pm

¶167

Last date for submission of requests to the Office of the CEE by post or e-mail for the rectification of personal details

¶168

W.A. 1183/2020

¶169

¶170

Last date for uploading of rectified 31.05.2020, 5.00 pm documents/certificates

¶171

Candidates who have complaints, if any regarding the details shown in the profile page can sent their complaints through e-mail ([email protected]) / by Post to the Office of the CEE, 5^th floor, Housing Board Building, Santhi Nagar, Trivandrum before 5.00 pm on 25^th May 2020. Do not send the printout of any documents/certificates to the Office of CEE for any reservation/claim.

¶172

Help line Number: 0471-2525300

¶173

Thiruvananthapuram

¶174

Sd/-

¶175

11.05.2020 COMMISSIONER FOR ENTRANCE EXAMINATIONS”

¶176

Notification issued by the 2^nd respondent on 7.9.2020 is

¶177

extracted hereunder:

¶178

“No. CEE/4600/2019/KEAM-2020/TA4

¶179

GOVERNMENT OF KERALA

¶180

OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS Housing Board Buildings, Santhi Nagar, Thiruvananthapuram - 695 001

¶181

NOTIFICATION

¶182

ADMISSION TO KERALA ENGINEERING/PHARMACY/ARCHITECTURE/ MEDICAL & MEDICAL ALLIED COURSES (KEAM- 2020)

¶183

LAST CHANCE FOR PROFILE VERIFICATION AND RECTIFICATION

¶184

Candidates who have submitted online application to the Commissioner for Entrance Examinations for the admission to Kerala Engineering/Pharmacy/Architecture/Medical & Medical allied courses for the year 2020 (KEAM-2020) can verify and rectify the defects if any as a last chance. Candidates can view their profile page available in the website www.cee.kerala.gov.in through the link ` KEAM-2020 Candidate Porta l' by giving their Application Number and Password. Then by clicking the menu item ' Memo details ' provided in the profile page, candidates can view the details of defects in their online application. Candidate can rectify the defects in their uploaded photo, signature, payment of additional fee (if applicable), defective documents/certificates uploaded along with the online application, from 07.09.2020 to

¶185

W.A. 1183/2020

¶186

¶187

10.09.2020, 5.00 PM . The defects which will be cleared with in the time limit will not be considered for allotting any claim/reservation. The certificates/documents received through mail/fax/by hand/ by post will not be considered for allotting any claim at any instance. As the rank list/category list has to be published within the stipulated time, this is the last chance for rectification of defects.

¶188

Those candidates who do not know their Application Number can get their Application Number by giving their name and Mobile Number on the link ' forgot Application Number ' provided in their `Candidate portal'.

¶189

Help line Number: 0471-2525300

¶190

Thiruvananthapuram COMMISSIONER FOR ENTRANCE EXAMINATIONS 07.09.2020”

¶191

The digitally signed Caste Certificate issued from Vengeri Village

¶192

Office evidencing that the appellant belongs to Viswakarma Caste and comes under the category of Socially and Educationally Backward Classes

¶193

is extracted hereunder:

¶194

“Government of Kerala Vengeri Village Office CASTE CERTIFICATE

¶195

No. 40042630

¶196

Date: 28/05/2019

¶197

Certified that the person with the details mentioned below belongs to the caste mentioned below.

¶198

Name of Person certificate is issued	to whom ARCHANA V M
Gender	Female
Age	16
Name of Father	MOHAN DAS V K
Address	CHITHRA HOUSE, O. KANNADIKKAL
Religion	Hindu
Caste	OBC/VISWAKARMA

¶199

W.A. 1183/2020

¶200

¶201

Post Office with Pin Code	Vengeri, 673010
Name of Local body	Kozhikode
Village	Vengeri
Taluk	Kozhikode
District	Kozhikode
Date of Issue of Certificate	28/05/2019
Designation of the Issuing Officer	VILLAGE OFFICER

¶202

This certificate is issued based on the details given in the application, local enquiry, facts and records produced and is valid only for a period of three years from the date of issue.

¶203

Digitally Signed by RATHNAKARAN Date: 2019.05.28.12.53.29 IST”

¶204

Non-Creamy Layer Certificate bearing No.K2/40103/2019/K.Dis

¶205

dated 20.12.2019 issued by the Tahsildar, Kozhikode is reproduced:

¶206

“No.K2/40103/2019/Kdis

¶207

PROFORMA FOR OTHER BACKWARD CLASS (OBC-NCL) CERTIFICATE (Certificate to be produced by Other Backward Class applying for admission to Central Educational Institute (CEIS) under the Government of India

¶208

This is to certify that Shri/Smt/ Kum./ Dr. ARCHANA V.M. Son/ daughter of Shri/Dr. MOHANDAS V.M. of Village/Town VENGERI District/ Division KOZHIKODE in the KERALA State belongs to the 27-VISWAKARMA (KAMMALA, ASSARI) community, which is recognised as a backward class under:

¶209

(i) Resolution No.12011/68/93BCC(C) dated 10/09/93 published in the Gazette of India Extraordinary part l Section l No.186 dated 13/09/93.

¶210

(ii) Resolution No.12011/9/94-BCC dated 19/10/94 published in the Gazette of India Extraordinary part l Section l No.163 dated 20/10/94.

¶211

(iii) Resolution No.12011/95-BCC dated 24/05/95 published in the Gazette of India Extraordinary part l Section l No.88 dated 25/05/95.

¶212

W.A. 1183/2020

¶213

¶214

(iv) Resolution No.12011/96/94-BCC dated 09/03/96.

¶215

(v) Resolution No.12011/44/96-BCC dated 06/12/96 published in the Gazette of India Extraordinary part l Section l No.120 dated 11/12/96.

¶216

(vi) Resolution No.12011/13/97-BCC dated 03/12/97.

¶217

(vii) Resolution No.12011/99/94-BCC dated 11/12/97.

¶218

(viii)Resolution No.12011/68/98-BCC dated 27/10/99.

¶219

(ix) Resolution No.12011/88/98-BCC dated 06/12/99 published in the Gazette of India Extraordinary part l Section l No.270 dated 06/12/99.

¶220

(x) Resolution No.12011/36/99-BCC dated 04/04/2000 published in the Gazette of India Extraordinary part l Section l No.71 dated 04/04/2004.

¶221

(xi) Resolution No.12011/44/99-BCC dated 21/09/2000 published in the Gazette of India Extraordinary part l Section l No.210 dated 21/09/2000.

¶222

(xii) Resolution No.12015/09/2000-BCC dated 06/09/2001.

¶223

(xiii)Resolution No.12011/01/2001-BCC dated 19/06/2003.

¶224

(xiv)Resolution No.12011/04/2002-BCC dated 13/01/2004.

¶225

(xv) Resolution No.12011/09/2004-BCC dated 16/01/2006 published in the Gazette of India Extraordinary part l Section l No.210 dated 16/01/2006.

¶226

(xvi)Resolution No.20012/129/2009/-BC-II dated 04/03/2014 published in the Gazette of India Extraordinary part l Section l No.63 dated 04/03/2014.

¶227

Shri/Smt/K um. ARCHANA V.M. and/or his family ordinarily reside(s) in the KOZHIKODE District/ Division of KERALA State.

¶228

This is also to certify that he/she does not belong to the persons/section (creamy layer) mentioned in Column 3 of the Scheduled to the Government of India, Department of Personnel & Training O.M. No.36012/22/93-Estt. (SCT) dated 08/09/93 which is modified vide OM No.36033/3/2004 Estt. (Res.) dated 09.03.2004 or the latest notification of the Government of India.

¶229

Dated: 20.12.2019

¶230

District Magistrate/Competent Authority Seal”

¶231

Notification dated 28.07.2020 issued by the 2^nd respondent is

extracted hereunder:

W.A. 1183/2020

“No. CEE/4600/2019/KEAM-2020/TA4

¶236

GOVERNMENT OF KERALA

¶237

OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS Housing Board Buildings, Santhi Nagar, Thiruvananthapuram - 695 001

¶238

NOTIFICATION

¶239

ADMISSION TO KERALA ENGINEERING/PHARMACY/ARCHITECTURE/ MEDICAL & MEDICAL ALLIED COURSES (KEAM- 2020)

¶240

DATE EXTENDED FOR PROFILE VERIFICATION AND RECTIFICATION OF DEFECTS

¶241

Candidates who have submitted online application to the Commissioner for Entrance Examinations for the admission to Kerala Engineering/Pharmacy/Architecture/Medical & Medical allied courses [KEAM-2020] can verify their profile and rectify the defect if any, as a final chance up to 07.08.2020 , 4.00 pm. Candidates can view their profile page through the link '' KEAM2020 Candidate Portal” provided in the Website www.cee.Kerala.gov.in by giving their Application Number and Password. Candidates can also verify the allowed details of their claim such as personal details, reservation status and other benefits in the profile. Those candidates, who have any defects in their online applications, can view the defects by clicking the menu item ‘ Memo details' provided in the profile page. Those candidates who have submitted defective certificate for EWS quota seats and NRI quota seats can also rectify the defect by submitting corrected the certificate within the time limit. If any claim requires multiple dpocuments/pages that should be merged into a single PDF page before uploading and upload as a single file. Certificates or documents received through mail/fax or through post/by hand should not be considered for giving a claim at any instance.

¶242

Candidates who have complaints, if any regarding the details shown in the profile page, can sent their complaints through e-mall ([email protected])/ by Post to the Office of the CEE, 5^th floor, Housing Board Building, Santhi Nagar, Trivandrum, before 5.00 pm on 7^th August 2020. Do not send the printout of any documents/certificates to the Office of CEE for any reservation/claim. As the rank list will be published with in the stipulated time, the rectification of online application in this phase will be final.

¶243

Help line Number:0471-2525300

¶244

W.A. 1183/2020

¶245

¶246

Thiruvananthapuram COMMISSIONER FOR ENTRANCE EXAMINATIONS 28.07.2020”

¶247

The application sent by the appellant dated 4.8.2020 (Exhibit-

¶248

P8) through email to the Commissioner of Entrance Examinations is extracted hereunder:

¶249

“From: ARCHANA VM Date: Tue, 4 Aug 2020, 18.44 Subject: KEAM Application Number.1111759 To: [email protected] From Mohandas V.M F/o. Archana V.K. Chithra House Kannadikkal Vengeri Kozhikode, Pin: 673010

¶250

¶251

The Commissioner of Entrance Examinations Kerala.

¶252

Sub:- Caste Error in KEAM Application Number 1111759 Archana V M Respected sir,

¶253

We belong to Hindu OBC-Viswakarma Category. We have collected the OBC Non-Creamy Layer Certificate from Kozhikode Tahsildar on 20.12.2019. The Computer centre people forgot to scan and enter the details of OBC Non-Creamy Layer certificate correctly. So I humbly request you to correct the error from my daughter's application number 1111759. The scanned copies of necessary certificates are attached herewith. Kindly do the needful as soon as possible.

¶254

Yours faithfully

¶255

Mohandas V K F/o. Archana V M KEAM Application Number:1111759

¶256

Mobile No.9895303005”

¶257

W.A. 1183/2020

¶258

¶259

Reply to Exhibit-P8 email sent by the Commissioner to the appellant is extracted hereunder:

¶260

“On Wed, 5 Aug 2020, 13:11 Office of the Commissioner for Entrance Examinations [email protected] wrote:

¶261

Upload the documents to rectify your defects through candidate portal.”

¶262

It could be seen from the pleadings that the appellant has submitted her application for KEAM Exam on 3.2.2020. Appellant has not claimed any reservation, and her claim was for general quota. Appellant did not upload the relevant page of her SSLC book along with her online application on 3.2.2020. Instead, she has uploaded her birth certificate, nativity certificate and income certificate. For reasons best known to the appellant, all the notifications issued from 07.11.2019 to 09.09.2020 have been conveniently omitted to be disclosed in the statement of facts, thus giving an impression to the Court that only from 28.07.2020, time was extended for curing the defects.

¶263

There is no full disclosure of facts, rather we may say so that there is suppression. Appellant has not approached this Court with clean hands. In the said circumstances, equity cannot be extended. Few decisions on the above aspect are considered as under:

¶264

(i) In Arunima Baruah v. Union of India [(2007) 6 SCC 120], the Hon'ble Supreme Court, at paragraphs 11, 12 & 14, held as follows:

¶265

W.A. 1183/2020

¶266

¶267

"11. The court's jurisdiction to determine the lis between the parties, therefore, may be viewed from the human rights concept of access to justice. The same, however, would not mean that the court will have no jurisdiction to deny equitable relief when the complainant does not approach the court with a pair of clean hands; but to what extent such relief should be denied is the question.

¶268

It is trite law that so as to enable the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would dis-entitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstances of each case. Material fact would mean material for the purpose of determination of the lis, the logical corollary whereof would be that whether the same was material for grant or denial of the relief. If the fact suppressed is not material for determination of the lis between the parties, the court may not refuse to exercise its discretionary jurisdiction. It is also trite that a person invoking the discretionary jurisdiction of the court cannot be allowed to approach it with a pair of dirty hands. But even if the said dirt is removed and the hands become clean, whether the relief would still be denied is the question.

¶269

xx xxx xxxxx

¶270

In Halsbury's Laws of England , 4^th Edn., Vol. 16, pp. 874-76, the law is stated in the following terms:

¶271

“1303. He who seeks equity must do equity. “In granting relief peculiar to its own jurisdiction a court of equity acts upon the rule that he who seeks equity must do equity. By this it is not meant that the court can impose arbitrary conditions upon a plaintiff simply because he stands in that position on the record. The rule means that a man who comes to seek the aid of a

¶272

W.A. 1183/2020

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¶274

court of equity to enforce a claim must be prepared to submit in such proceedings to any directions which the known principles of a court of equity may make it proper to give; he must do justice as to the matters in respect of which the assistance of equity is asked. In a court of law it is otherwise: when the plaintiff is found to be entitled to judgment, the law must take its course; no terms can be imposed.

¶275

- - 1. He who comes into equity must come with clean hands. “A court of equity refuses relief to a plaintiff whose conduct in regard to the subjectmatter of the litigation has been improper. This was formerly expressed by the maxim “he who has committed iniquity shall not have equity”, and relief was refused where a transaction was based on the plaintiff's fraud or misrepresentation, or where the plaintiff sought to enforce a security improperly obtained, or where he claimed a remedy for a breach of trust which he had himself procured and whereby he had obtained money. Later it was said that the plaintiff in equity must come with perfect propriety of conduct, or with clean hands. In application of the principle a person will not be allowed to assert his title to property which he has dealt with so as to defeat his creditors or evade tax, for he may not maintain an action by setting up his own fraudulent design.

¶276

The maxim does not, however, mean that equity strikes at depravity in a general way; the cleanliness required is to be judged in relation to the relief sought, and the conduct complained of must have an immediate and necessary relation to the equity sued for; it must be depravity in a legal as well as in a moral sense. Thus, fraud on the part of a minor deprives him of his right to equitable relief notwithstanding his disability. Where the transaction is itself unlawful it is not necessary to have recourse to this principle. In equity, just as at law, no suit lies in general in respect of an illegal transaction, but this is on the ground of its illegality, not by reason of the plaintiff's demerits.”

¶277

(ii) In Prestige Lights Ltd., v. State Bank of India [(2007) 8 SCC 449], at paragraphs 33, 34 and 35, the Hon'ble Apex Court held as follows:

¶278

W.A. 1183/2020

¶279

¶280

“33. It is thus clear that though the appellantCompany had approached the High Court under Article 226 of the Constitution, it had not candidly stated all the facts to the Court. The High Court is exercising discretionary and extraordinary jurisdiction under Article 226 of the Constitution. Over and above, a Court of Law is also a Court of Equity. It is, therefore, of utmost necessity that when a party approaches a High Court, he must place all the facts before the Court without any reservation. If there is suppression of material facts on the part of the applicant or twisted facts have been placed before the Court, the Writ Court may refuse to entertain the petition and dismiss it without entering into the merits of the matter.

¶281

The object underlying the above principle has been succinctly stated by Scrutton, L.J., in R v. Kensington Income Tax Commissioners , [(1917) 1 KB 486 : 86 LJ KB 257 : 116 LT 136], in the following words: "(I)t has been for many years the rule of the Court, and one which it is of the greatest importance to maintain, that when an applicant comes to the Court to obtain relief on an ex parte statement he should made a full and fair disclosure of all the material facts, not law. He must not misstate the law if he can help the Court is supposed to know the law. But it knows nothing about the facts, and the applicant must state fully and fairly the facts, and the penalty by which the Court enforces that obligation is that if it finds out that the facts have not been fully and fairly stated to it, the Court will set aside, any action which it has taken on the faith of the imperfect statement". (emphasis supplied)

¶282

It is well settled that a prerogative remedy is not a matter of course. In exercising extraordinary power, therefore, a Writ Court will indeed bear in mind the conduct of the party who is invoking such jurisdiction. If the applicant does not disclose full facts or suppresses relevant materials or is otherwise guilty of misleading the Court, the Court may dismiss the action without adjudicating the matter. The rule has been evolved in larger public interest to deter unscrupulous litigants from abusing the process of Court by deceiving it. The very basis of the writ jurisdiction rests in disclosure of true, complete and correct facts. If the material facts are not candidly stated or are suppressed

¶283

W.A. 1183/2020

¶284

¶285

or are distorted, the very functioning of the writ courts would become impossible."

¶286

(iii) In Udyami Evam Khadi Gramodyog Welfare Sanstha and another v. State of Uttar Pradesh [(2008) 1 SCC 560], at paragraphs 16 and 17, the Hon'ble Apex Court, has held as follows:

¶287

"16. A writ remedy is an equitable one. A person approaching a superior court must come with a pair of clean hands. It not only should not suppress any material fact, but also should not take recourse to the legal proceedings over and over again which amounts to abuse of the process of law. In Advocate General, State of Bihar v. M.P. Khair Industries [(1980) 3 SCC 311], this Court was of the opinion that such a repeated filing of writ petitions amounts to criminal contempt.

¶288

For the reasons aforementioned, there is no merit in this appeal which is dismissed accordingly with costs. Counsel's fee quantified at Rs.50,000."

¶289

(iv) In Amar Singh v. Union of India & Others reported in (2011) 7 SCC 69, on the aspect of a litigant approaching the court, with unclean hands, at, paragraphs 53 to 57, and at, paragraph 59, considered several judgments. Finally, at paragraph No.60, extracted a paragraph from Dalip Singh v. State of U.P. and others, [(2010) 2 SCC 114]:

¶290

"53. Courts have, over the centuries, frowned upon litigants who, with intent to deceive and mislead the courts, initiated proceedings without full disclosure of facts. Courts held that such litigants have come with "unclean hands" and are not entitled to be heard on the merits of their case.

¶291

In Dalglish v. Jarvie [2 Mac. & G. 231,238], the Court, speaking through Lord Langdale and Rolfe B., laid down:

¶292

W.A. 1183/2020

¶293

¶294

"It is the duty of a party asking for an injunction to bring under the notice of the Court all facts material to the determination of his right to that injunction; and it is no excuse for him to say that he was not aware of the importance of any fact which he has omitted to bring forward."

¶295

In Castelli v. Cook [1849 (7) Hare, 89, 94], Vice Chancellor Wigram, formulated the same principles as follows:

¶296

"A plaintiff applying ex parte comes under a contract with the Court that he will state the whole case fully and fairly to the Court. If he fails to do that, and the Court finds, when the other party applies to dissolve the injunction, that any material fact has been suppressed or not properly brought forward, the plaintiff is told that the Court will not decide on the merits, and that, as has broken faith with the Court, the injunction must go."

¶297

In Republic of Peru v. Dreyfus Brothers & Company [55 L.T. 802,803], Justice Kay reminded us of the same position by holding thus:

¶298

"...If there is an important misstatement, speaking for myself, I have never hesitated, and never shall hesitate until the rule is altered, to discharge the order at once, so as to impress upon all persons who are suitors in this Court the importance of dealing in good faith with the Court when ex parte applications are made."

¶299

In one of the most celebrated cases upholding this principle, in the Court of Appeal in R. v. Kensington Income Tax Commissioner [1917 (1) K.B. 486] Lord Justice Scrutton formulated as under:

¶300

"…........and it has been for many years the rule of the Court, and one which it is of the greatest importance to maintain, that when an applicant comes to the Court to obtain relief on an ex parte statement he should make a full and fair disclosure of all the material facts- facts, now law. He must not misstate the law if he can help it - the court is supposed to

¶301

W.A. 1183/2020

¶302

¶303

know the law. But it knows nothing about the facts, and the applicant must state fully and fairly the facts, and the penalty by which the Court enforces that obligation is that if it finds out that the facts have been fully and fairly stated to it, the Court will set aside any action which it has taken on the faith of the imperfect statement."

¶304

The aforesaid requirement of coming to Court with clean hands has been repeatedly reiterated by this Court in a large number of cases. Some of which may be noted, they are: Hari Narain v. Badri Das - AIR 1963 SC 1558, Welcome Hotel and others v. State of A.P. and others - (1983) 4 SCC 575, G. Narayanaswamy Reddy (Dead) by LRs. and another v. Government of Karnatka and another - (1991) 3 SCC 261, S.P. Chengalvaraya Naidu (Dead) by LRs. v. Jagannath (Dead) by LRs. and others (1994) 1 SCC 1, A.V. Papayya Sastry and others v. Government of A.P. and others - (2007) 4 SCC 221, Prestige Lights Limited v. SBI - (2007) 8 SCC 449, Sunil Poddar and others v. Union Bank of India - (2008) 2 SCC 326, K.D.Sharma v. SAIL and others - (2008) 12 SCC 481, G. Jayashree and others v. Bhagwandas S. Patel and others - (2009) 3 SCC 141, Dalip Singh v. State of U.P. and others - (2010) 2 SCC 114.

¶305

In the last noted case of Dalip Singh (supra), this Court has given this concept a new dimension which has a far reaching effect. We, therefore, repeat those principles here again:

¶306

"For many centuries Indian society cherished two basic values of life i.e. "satya"(truth) and "ahimsa (nonviolence), Mahavir, Gautam Budha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of the justicedelivery system which was in vogue in the preindependence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-Independence period has

¶307

W.A. 1183/2020

¶308

¶309

seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings.

¶310

In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final."

¶311

(v) In Kishore Samrite v. State of U.P. & Others reported in (2013) 2 SCC 398, at paragraphs 32 to 36, the Hon'ble Supreme Court held as follows:

¶312

"32. With the passage of time, it has been realised that people used to feel proud to tell the truth in the Courts, irrespective of the consequences but that practice no longer proves true, in all cases. The Court does not sit simply as an umpire in a contest between two parties and declare at the end of the combat as to who has won and who has lost but it has a legal duty of its own, independent of parties, to take active role in the proceedings and reach at the truth, which is the foundation of administration of justice. Therefore, the truth should become the ideal to inspire the courts to pursue. This can be achieved by statutorily mandating the Courts to become active seekers of truth. To enable the courts to ward off unjustified interference in their working, those who indulge in immoral acts like perjury, prevarication and motivated falsehood, must be appropriately dealt with. The parties must state forthwith sufficient factual details to the extent that it reduces the ability to put forward false and exaggerated claims and a litigant must approach the Court with clean hands. It is the bounden duty of the Court to ensure that dishonesty and any attempt to surpass the legal process must be effectively curbed and the Court

¶313

W.A. 1183/2020

¶314

¶315

must ensure that there is no wrongful, unauthorised or unjust gain to anyone as a result of abuse of the process of the Court. One way to curb this tendency is to impose realistic or punitive costs.

¶316

The party not approaching the Court with clean hands would be liable to be non-suited and such party, who has also succeeded in polluting the stream of justice by making patently false statements, cannot claim relief, especially under Article 136 of the Constitution. While approaching the court, a litigant must state correct facts and come with clean hands. Where such statement of facts is based on some information, the source of such information must also be disclosed. Totally misconceived petition amounts to abuse of the process of the court and such a litigant is not required to be dealt with lightly, as a petition containing misleading and inaccurate statement, if filed, to achieve an ulterior purpose amounts to abuse of the process of the court. A litigant is bound to make “full and true disclosure of facts”. (Refer: Tilokchand H.B. Motichand & Ors. v. Munshi & Anr. [(1969) 1 SCC 110]; A. Shanmugam v. Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam & Anr. [(2012) 6 SCC 430]; Chandra Shashi v. Anil Kumar Verma [(1995) SCC 1 421]; Abhyudya Sanstha v. Union of India & Ors. [(2011) 6 SCC 145]; State of Madhya Pradesh v. Narmada Bachao Andolan & Anr. [(2011) 7 SCC 639]; Kalyaneshwari v. Union of India & Anr. [(2011) 3 SCC 287)] .

¶317

The person seeking equity must do equity. It is not just the clean hands, but also clean mind, clean heart and clean objective that are the equi-fundamentals of judicious litigation. The legal maxim jure naturae aequum est neminem cum alterius detrimento et injuria fieri locupletiorem , which means that it is a law of nature that one should not be enriched by the loss or injury to another, is the precept for Courts. Wide jurisdiction of the court should not become a source of abuse of the process of law by the disgruntled litigant. Careful exercise is also necessary to ensure that the litigation is genuine, not motivated by extraneous considerations and imposes an obligation upon the litigant to disclose the true facts and approach the court with clean hands.

¶318

W.A. 1183/2020

¶319

¶320

No litigant can play “hide and seek” with the courts or adopt “pick and choose”. True facts ought to be disclosed as the Court knows law, but not facts. One, who does not come with candid facts and clean breast cannot hold a writ of the court with soiled hands. Suppression or concealment of material facts is impermissible to a litigant or even as a technique of advocacy. In such cases, the Court is duty bound to discharge rule nisi and such applicant is required to be dealt with for contempt of court for abusing the process of the court. { K.D. Sharma v. Steel Authority of India Ltd. & Ors. [(2008) 12 SCC 481] }.

¶321

Another settled canon of administration of justice is that no litigant should be permitted to misuse the judicial process by filing frivolous petitions. No litigant has a right to unlimited drought upon the court time and public money in order to get his affairs settled in the manner as he wishes. Easy access to justice should not be used as a licence to file misconceived and frivolous petitions. [ Buddhi Kota Subbarao (Dr.) V. K. Parasaran, (1996) 5 SCC 530) ]."

¶322

Though the learned counsel for the appellant relied on the decision in Asif Ali Khan v. State of Rajasthan and Ors. (cited supra) of the High Court of Rajasthan, a Hon'ble Division Bench of this Court in W.A. No.1080 of 2020 dated 14.08.2020, has rejected a similar claim relating to belated uploading of certificates. That apart, in the case on hand, in the online application, the appellant has not claimed any reservation and enclosed any certificate for the said purpose. On more than one occasion, time has been extended for rectifying the defects. As rightly contended by the learned Senior Government Pleader, the last date of correction is with reference to uploading of documents, to rectify the defects, and not to effect any correction in the application form.

¶323

W.A. 1183/2020

¶324

¶325

In the light of the above discussion and decisions, we find no error

¶326

in the impugned order, warranting interference in appeal. Writ appeal is

¶327

dismissed. No costs.

¶328

Sd/S. MANIKUMAR CHIEF JUSTICE

¶329

Sd/SHAJI P. CHALY JUDGE

¶330

krj

¶331

//TRUE COPY//

¶332

P.A. TO C.J.

Archana V.M. v. State of Kerala

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Archana V.M. v. State of Kerala

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