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2022 Supreme(Online)(KER) 44810

JUDGMENT

Dated this the 19th day of August, 2022 The petitioner applied for admission for Architecture course under KEAM, 2022. In the application, the petitioner had entered his category as General. According to the petitioner, in spite of being a General category candidate entitled to claim reservation under the Economically Weaker Section (EWS) category, he had shown his category as General, since he had received the Economically Weaker Section (EWS) certificate. The last date for submission of application was 30.4.2022, but, the petitioner was issued with Ext.P7 EWS certificate only on 26.7.2022. Immediately after obtaining the certificate, petitioner tried to upload the EWS certificate and correct his category from ‘general’ to ‘reserved’. Unfortunately, the system did not permit the correction and uploading. Hence this writ petition, seeking the following reliefs;

“a)Issue a writ of certiorari or any other appropriate writ, direction or order calling for the records relating to Exhibit P10 and to quash the same to the extent it offers Nil reservation to the petitioner.

b) Issue a declaration that the petitioner is eligible to upload Exhibit P7, EWS certificate, for claiming reservation if any other candidate is permitted to upload similar documents either upto 26.07.2022 as permitted as per Exhibit P5 upto

17.08.2022 as permitted as per Exhibit P4.

c)Issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to facilitate uploading or Exhibit P7, EWS certificate, online or accept the same physically and to prepare the rank list granting the petitioner the benefit of reservation for Economically Weaker Sections of the general category de hors the non- submission of Exhibit P7 online.”

2.Learned counsel for the petitioner submitted that the petitioner has been discriminated against, since even fresh applications were permitted to be uploaded and defects cured up to 26.7.2022. It is contended that the petitioner cannot therefore be denied the opportunity to upload his EWS certificate and correct the category.

3. Learned Government Pleader referred to Clause 5 of the prospectus issued by the Commission of Entrance examination, to contend that no alteration of category is permissible after submission of application. It is submitted that, permission for curing defects and correcting mistakes up to 17.08.2022 was granted to candidates who had sought reservation in their applications. On that basis, candidate who had entered his category as General in the application cannot be permitted to make corrections, since the prospectus does not provide for it. Learned Government Pleader pointed out that the category wise list of applicants will be published on 20.8.2022 and the rank list will be published by 25.08.2022.

4.Although, I have sympathy for the petitioner, that would not justify intervention in the selection process, which has to be completed in a time bound manner. I also find that Note 1 (ii) of Clause 5 of the prospectus categorically states that, claims made after submission of online application will not be entertained even if supporting evidence is produced. The contention regarding discrimination will also not stand, since permission for correction was given to candidates who had opted for reservation while submitting the application itself.

For the aforementioned reasons, the writ petition is dismissed.

Sd/- V.G ARUN JUDGE SJ APPENDIX OF WP(C) 26575/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MARK LIST ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATION DATED 28.07.2021.

Exhibit P2 A TRUE COPY OF THE NOTIFICATION DATED

06.04.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 03.08.2022.

Exhibit P4 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 15.08.2022.

Exhibit P5 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 22.07.2022.

Exhibit P6 A TRUE COPY OF THE SCORE CARD DATED

21.07.2

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