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1999 Supreme(Ker) 403

Judges : K.S.RADHAKRISHNAN,M.R.HARIHARAN NAIR
Simi Raj - Appellant
Versus
Commissioner for Entrance Examinations - Respondent
Case No : O.P. No. 24576 of 1999
Decided On : 10/14/1999
Advocates Appeared :
Sumathi Dandapani For Petitioner Government Pleader (K. Jayakumar) For Respondent

The judgment establishes the principle that the mandatory requirements outlined in the prospectus for admission must be strictly adhered to, and documents/certificates furnished after the submission of the application will not be entertained under any circumstances.

Headnote:

Community Certificate - Admission Quota - Prospectus for Admission to Professional Degree Courses, 1999 - Clause 5.3.3, 7.4, 7.5, 7.8 - The court held that the requirement to produce the community certificate along with the application form is a mandatory requirement, and documents/certificates furnished after the submission of the application will not be entertained under any circumstances.

Fact of the Case:

The petitioner sought admission to Engineering/Medical Courses under the Latin Catholic other than Anglo-Indian community quota. The petitioner's rank was revised, and he failed to produce the community certificate along with the application, resulting in the rejection of his request for consideration under the quota.

Finding of the Court:

The court found that the requirement to produce the community certificate along with the application form is mandatory, and documents/certificates furnished after the submission of the application will not be entertained under any circumstances.

Issues: The main issue was whether the petitioner's failure to produce the community certificate along with the application form warranted the rejection of his request for consideration under the quota.

Ratio Decidendi: The court emphasized the mandatory nature of the requirement to produce the community certificate along with the application form, as stipulated in the Prospectus for Admission to Professional Degree Courses, 1999.

Final Decision: The court dismissed the original petition, finding no merit in the petitioner's claim.

Judgment :-

K.S. Radhakrishnan, J.

Petitioner submits that he belongs to Latin Catholic other than Anglo-Indian community. On the basis of Prospectus for Admission to Professional Degree Courses, 1999, petitioner submitted application for Engineering /Medical Courses. Earlier petitioner's rank was 3137 for Medicine and 3098 for Engineering. In the revised rank list his rank for Engineering and Medicine is respectively 3426 and 3235. According to petitioner, earlier he was considered in the General quota, and unless he is considered in the quota ear-marked for Latin Catholic other than Anglo Indian Community, he would lose the chance of getting admission. However, his request for consideration under the quota ear-marked for Latin Catholic other than Anglo Indian community was not acceded to by the respondents on the ground that petitioner failed to produce the certificate to that effect along with application. The last date for receipt of applications was 12.5.1999, but petitioner submitted the community certificate from the Village Officer only on 13.9.1999. Counsel submitted the requirement to produce the certificate along with application for miss not a mandatory requirement. Smt.Sumathi Dandapani," counsel for the petitioner, submitted that the petitioner need produce the certificate only at the time of admission/ counselling. Counsel relied on the decision of this Court in Relly Susan Mathew v. The Controller of Entrance Examinations, ILR 1997(2) Ker, 489. Reference was also made to the decision of the Supreme Court in Charias K. Skaria v. C.Mathew, AIR 1980 SC 1230 and also to the decision of the Madras High Court in V. Premanandv. State, AIR 1995 Mad. 316.

2. Sri. K. Jayakumar, Senior Government Pleader, submitted that as per the Prospectus published by the Commissioner of Entrance Examination those who claim the benefit of Latin Catholic other than Anglo-Indian Community, has to fill in community certificate and get it duly signed by the Village Officer, and that should form part of the application itself. It is also his contention that the said requirement is a mandatory requirement. Only if the applications are duly filled in with all requisite details, it would be possible for the respondents to ear-mark seats under the reservation quota. Learned Senior Government Pleader referred to a Division Bench decision of this . Court in W. A. No. 1457 of 1998 and contended, relying on the Prospectus for the year 1998, a Division Bench of mis Court took the view that when prospectus required certificate should be given in a particular manner, them that should have been submitted only in that fashion and in no other manner.

3. We have gone through the Prospectus published by the Commissioner for Entrance Examinations for Admission to Professional Degree Courses, 1999 closely, and also the application form submitted by the petitioner. The prospectus was distributed along with the application form. Clause V of the Prospectus deals with the claim for reservation and certificates to be produced. Clause 5.2 says that all the candidates seeking admission under the Special Reservation categories will have to appear for the common entrance examination, and that they should mention the item of reservation claimed in the relevant column in the application form and should be otherwise eligible as per clause VI. Note (iii) to clause 5.2

reads as follows:

"Candidates should attach attested copies of the relevant certificates as mentioned for each item below in support of the claim."

4. We may also refer to clause 5.3.3 which reads as follows: "Claim for communal reservation under Socially and Educationally Backward Classes (SEBC). Note:

(a)

(b) Candidates claiming reservation under SEBC quota such as Ezhava, Muslim, Other Backward Hindus, Latin Catholic Other than Anglo Indian and Other Backward X'ian should invariably produce both Community and Income Certificates obtained. from the concerned Village Officer. The above certificates should be obt

























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