Dismissed

Ann Sonny, v. the Commissioner for Entrance Examinations

Kerala HC13 Nov 2020WP(C)/24775/2020

Case brief

AI extract

What is this about?

A writ petition challenging CEE admission procedures where the petitioner, a minority candidate, was excluded from the category list due to an alleged discrepancy in certificate requirements. The petitioner applied under general quota and failed to claim minority status by the deadline. The Court dismissed the petition refusing intervention at that stage. No relief was granted.

What did the court decide?

None granted. Petition dismissed with no direction issued.

Ann Sonny, Vs the Commissioner for Entrance… — Education and Admissions | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

¶5

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶6

FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

¶7

WP(C).No.24775 OF 2020(V)

¶8

PETITIONER:

¶9

ANN SONNY, AGED 18 YEARS D/O SONNY JOSE, 63 RESIDING AT CNRA -21, CHENNATTUSSERI, CHEMPAKASSERI NAGAR, KESAVADASAPURAM, PATTAM PALACEE . P O, THIRUVANANTHAPURAM-695004.

¶10

BY ADV. SRI.A.J.JOSE(AEDAIODI)

¶11

RESPONDENT/S:

¶12

1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS OFFICE OF THE CEE, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

¶13

2 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶14

OTHER PRESENT:

¶15

SRI. M.A.ASIF-SPL. G.P.

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.24775/2020

JUDGMENT

Dated this the 13th day of November 2020

¶21

Shaffique,J.

¶22

This writ petition has been filed by a candidate, who had applied for MBBS Course. The petitioner belongs to Christian Community which has minority institutions. According to the petitioner, for getting admission to the minority quota seats, the applicant should upload the Non Creamy Layer Certificate from the Village Officer. The petitioner is not a person, who is entitled for such a certificate. For that reason, the petitioner did not apply and therefore, her name did not appear in the Christian list of candidates under all Christian Minority Community. Later, the petitioner understood that Caste Certificate from the Village Officer was enough and therefore, she applied for the same and Ext.P3 is the said certificate dated 9.11.2020. The petitioner had approached the competent authority for permitting her to upload the said certificate. Since no action was taken in the matter, this writ petition was filed inter alia seeking for a direction to the respondents to allow the petitioner to be included in the SC Christian Minority category list, after considering her representation Ext.P4.

¶23

We got instructions from the learned Spl.Government Pleader appearing on behalf of the respondents. It is submitted that in the English

¶24

W.P.(C)No.24775/2020

¶25

¶26

version of the prospectus, it is stated that the candidate who wishes to have their names in the minority quota seats ought to upload the Non Creamy Layer Certificate from the Village Officer and in the Malayalam version, it is specifically stated that what they had to produce was a caste certificate from the Village Officer. A mistake had occurred in the English version. That apart, it is pointed out that when applications are made online, there is a specific entry for claiming minority quota seats. When the portal is open it is specifically stated that a person claiming minority quota seat should upload the minority caste certificate/Non Creamy Layer Certificate obtained from the Village Officer. Therefore, it is submitted that every candidate, who had made online application, is fully aware of the fact that they should produce a caste certificate for claiming minority status. The Non Creamy Layer Certificate is required to be produced only in instances where candidate claims seats, which are reserved for socially and economically backward community.

¶27

It is also submitted by the learned counsel for the petitioner that the petitioner belongs to Syro Malabar/Roman Catholic Syrian Community, which is not mentioned anywhere in the list of communities having minority status and therefore, the petitioner was unable to upload the claim in that regard. It is also pointed out by the learned counsel that normally a provisional list will be published by the Commissioner for Entrance Examination and in the present case no such provisional list had

W.P.(C)No.24775/2020

been published.

There is no doubt about the fact that Ext.P2 list came to be published on 6.11.2020 and the petitioner's name did not appear in the list of Christian candidates. Even according to the petitioner she did not apply to be included in the category of seats in the minority institutions. The contention that she was not entitled for the Creamy Layer Certificate and therefore she could not upload the documents may not be correct, in view of the fact that even in the portal, a copy of which is now placed before us by the special Government Pleader, there was an option for the candidate to produce caste certificate from the Village Officer. Therefore, it is rather clear that the petitioner had only applied under the general quota and did not make any claim with reference to the seats in the minority institutions. Having not done so, it is not open for the petitioner to contend that there are certain mistakes in the prospectus by which she was not aware of the fact that caste certificate was necessary. In fact, only Ext.P1 English version had been produced. The portal which is open for public at large contains Malayalam version and even while submitting the application, there is a clear instruction given that they can even produce a caste certificate for applying online. Today (13.11.2020) seems to be the last day for registering the option and therefore, we do not think that we will be justified in granting any relief. The learned Special Government Pleader also submits that since the petitioner's application itself was under general

¶32

W.P.(C)No.24775/2020

¶33

¶34

quota, she cannot now turn around to take a contention that the provisional list had not been published.

¶35

Having regard to the facts and circumstances of the case, we do not think that any interference is called for at this stage of proceedings.

¶36

The writ petition is dismissed.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

JUDGE

acd

W.P.(C)No.24775/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

¶48

EXHIBIT P1 TRUE COPY OF THE NOTIFICTION KEAM -KERALA ENGINEERING /ARCHITECTURE PHARMACY, MEDICAL AND ALLIED COURSES, KERALA APPLICATIONS INVITED, CEE/4600/2019/KEAM-2020 DATED 31.01.2020.

¶49

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE CATEGORY WISE LIST IN RANK ORDER DATED 06.11.2020. EXHIBIT P3 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ULLOOR VILLAGE DATED 09.11.2020.

¶50

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION TO THE CEE FOR UPLOADING EXHIBIT P3 DATED 08/11.2020.

Ann Sonny, v. the Commissioner for Entrance Examinations

Case brief

What is this about?

What did the court decide?

Ann Sonny, v. the Commissioner for Entrance Examinations

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Deputy Director of Education Vs John Justin Rajamani

Sheela.a. Vs State of Kerala

Thomas K.J., Vs Andrews Prabhu

Union of India, Vs Shymon S.

Ms. Fatima Kader Vs the State of Kerala

Sreeraj B Kartha Vs Union of India