The Kerala High Court dismissed a writ petition challenging the rejection of a petitioner's representation to submit a late Non-Creamy Layer certificate. The court held that vague pleas about pandemic restrictions could not justify interfering with a state-wide entrance examination process.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943 WP(C) NO. 15236 OF 2021
PETITIONER:
AVANTHIKA PRAMOD (MINOR), AGED 17 YEARS DEVI 1-C, EMERALD HEIGHTS, PAYYAMBALAM, KANNUR670001, REPRESENTED BY HER FATHER AND GUARDIAN SRI. K. PRAMOD.
BY ADVS. T.T.MUHAMOOD V.E.ABDUL GAFOOR A.MOHAMMED SAVAD NAZEER HUZAIN.H T.R.VISHNU
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETRY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,M THIRUVANANTHAPURAM, KERALA-695001.
2 COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
b. vinitha
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.15236 of 2021
JUDGMENT
The Government decided to conduct the entrance examination for admission to Professional Degree Courses for the current year on 24.07.2021, and pursuant to the said decision, the second respondent invited online applications by notification dated 31.05.2021. The last date for submission of the online applications was 21.06.2021 and the same was extended later till 26.06.2021. The applicants were also given time to upload the certificates upto 30.06.2021.
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Classes. It is alleged by the petitioner that as she was unable to obtain Non Creamy Layer Certificate on time due to the restrictions on account of the Covid-19 pandemic, she submitted the application online for admission without claiming the benefit of reservation on 07.06.2021. It is stated that she could obtain the Non Creamy Layer Certificate only thereafter on 20.07.2021. The father of the petitioner thereupon submitted Ext.P4 representation before the second respondent seeking permission to upload the Non-creamy Layer Certificate and to claim the benefit of reservation. The writ petition is filed thereafter alleging that Ext.P4 representation is not being considered.
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benefit of reservation. There is nothing on record to indicate as to when the petitioner has applied for Non-creamy Layer Certificate. On a query from the court, the learned counsel for the petitioner conceded that the petitioner has applied for Non Creamy Layer Certificate only after submitting the online application. The learned counsel for the petitioner was not clear as to the exact date. I do not think that this Court would be justified in interfering with the process initiated by the second respondent for conducting the State wide entrance examination in which large number of students are participating on a vague averment that the petitioner could not obtain Non Creamy Layer Certificate on time due to the restrictions on account of the pandemic. If writ petitions are entertained on vague pleas of this nature, no examination can be conducted on time.
The writ petition, in the circumstances, is without merits and the same is accordingly, dismissed.
Sd/P.B.SURESH KUMAR, JUDGE
ds 10.09.2021
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APPENDIX OF WP(C) 15236/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF PROSPECTUS ISSUED BY THE 2ND RESPONDENT FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2021.
Exhibit P2 TRUE COPY OF APPLICATION ACKNOLWDGEMENT (KEAM 2021) DATED 07/06/2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF NON CREAMY LAYER CERTIFICATE BEARING NO.56964987 DATED 20/07/2021 ISSUED BY THE VILLAGE OFFICER, KANNUR-2 VILLAGE.
Exhibit P4 TRUE COPY OF PRINTOUT OF THE ONLINE COMMUNICATION SENT BY THEPETITIONER'S FATHER TO THE 2ND RESPONDENT ON 20/07/2021.
Exhibit P5 TRUE COPY OF REPRESENTATION DATED 22/07/2021 SUBMITTED BY THE PETITIONER'S FATHER BEFORE THE 2ND RESPONDENT.
1 issue framed by the court
Whether the writ petitioner is entitled to a stay or interim stay order directing the second respondent to consider her representation regarding the tardy late submit Non-Creamy Layer certificate due
AVANTHIKA PRAMOD (MINOR)
STATE OF KERALA
COMMISSIONER FOR ENTRANCE EXAMINATIONS
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
