Petitioner challenged denial of medical scholarship weightage marks due to only 29 points obtained against 30 required. Court held petitioner blamed for his own declaration mistakes and dismissed petition.
Writ petition failed and was dismissed.
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 A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA,
1943
WP(C) NO. 23235 OF 2021
PETITIONER:
AMEER EBRAHIM AGED 21 YEARS S/O. LATE. EBRAHIM P.P, PUTHITEDATHU HOUSE, PALLARIMANGALAM P.O, ERNAKULAM DISTRICT, PIN - 686671.
BY ADV V.SETHUNATH
RESPONDENTS:
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WP(C).No.23235 of 2021
BY GOVERNMENT PLEADER SRI.P.G.PRAMOD, R3 BY ADV.SRI.R.T.PRADEEP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
A.K.Jayasankaran Nambiar, J.
The petitioner, who is a 2nd year M.B.B.S student (2019-20 Batch), states that he belongs to the B.P.L category and in the Writ Petition, is aggrieved by the non-grant of weightage marks that would have enabled him to get a scholarship for pursuing the M.B.B.S Course. In the Writ Petition, it is his case that while he had applied for the scholarship, and the scheme of award of scholarship contemplated the award of weightage marks based on various criteria, he did not get the necessary 30 marks for qualifying for this scholarship programme. It is stated that on a verification by the authorities, he was found eligible only for 29 points, and therefore, he was denied the scholarship. It is his case that had the authorities verified the factual situation that informed the criteria for award of scholarship, then he would have succeeded in getting the necessary weightage marks and the scholarship.
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based on the application submitted by the petitioner himself and based on the declarations made by the petitioner therein. The application submitted by the petitioner is produced along with the statement as Annexure R5(a) and on a perusal of the same, we find that based on the declarations made by the petitioner, the weightage marks applicable have in fact been awarded to the petitioner. What the petitioner now contends is that the respondents ought to have ignored the declarations made by the petitioner inasmuch as he had committed a mistake while making those declarations, and that the respondents ought to have independently verified the details of the petitioner for the purposes of deciding his eligibility for the scholarship.
On a consideration of the rival submissions, we find ourselves unable to accept the contentions of the learned counsel for the petitioner. The scheme for award of scholarship contemplates the filing of an application along with a declaration by the applicant of the particulars that would inform the award of marks under various heads. If the petitioner, while preferring that application did not correctly indicate the factual position that had to be considered by the respondents for the award of scholarship, then the petitioner had only himself to blame for the mistakes occasioned by him. The respondents
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cannot be faulted for having awarded the applicable weightage points based on the declarations made by the petitioner himself. Under the said circumstances, we see no merit in the averments in the Writ Petition. The Writ Petition fails, and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
Sd/- MOHAMMED NIAS C.P. JUDGE
mns
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WP(C).No.23235 of 2021
APPENDIX OF WP(C) 23235/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER AS G.O(MS) NO. 138/2018/H & FWD DATED 19.07.2018 ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER AS GO(MS) NO.169/2018/H&FWD, DATED 19.08.2018 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE INFORMATION REGARDING THE WEIGHTAGE MARKS.
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 27.01.2021 IN WP(C) NO. 26683/2020 OF THIS HONOURABLE COURT.
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 19.03.2021.
Exhibit P6 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT. DATED 02.09.2021.
Exhibit P7 TRUE COPY OF THE REPORT PREPARED BY THE VILLAGE OFFICER, POTHANIKKAD, DATED 02.12.2020.
Exhibit P8
TRUE COPY OF THE REPORT PREPARED BY THE VILLAGE OFFICER, POTHANIKKAD DATED 03.02.2021.
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| Exhibit P9 | TRUE COPY OF THE THE FATHER OF 13.05.2002. |
DEA THE |
TH CERTIFI PETITIONE |
CATE OF R DATED |
|---|---|---|---|---|
| Exhibit P10 | TRUE PHOTOGRAPHS PETITIONER. |
OF | THE HOUSE | OF THE |
| Exhibit P11 | TRUE COPY OF CERTIFICATE ISS OFFICER, PO 11.10.2021. |
THE UED THAN |
FAMILY BY THE IKKAD, |
INCOME VILLAGE DATED |
RESPONDENT ANNEXURE:
ANNEXURE R5(A): TRUE COPY OF THE ANNEXURE C APPLICATION SUBMITTED BY THE PETITIONER
//TRUE COPY//
P.A TO JUDGE
2 issues framed by the court
Whether the petitioner was entitled to scholarship weightage marks despite inaccuracies in his own declaration.
Whether the authorities were bound to independently verify facts contrary to declarations made by the applicant.
Ameer Ebrahim
The State of Kerala represented by the Secretary to Health and Family Welfare Department
The Principal Secretary Revenue Department, Government of Kerala
The Fee Regulatory Committee for Medical Education in Kerala
The Commissioner for Entrance Examinations
The District Collector
A.K.Jayasankaran Nambiar
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
