Kerala High Court
Fidha Fathima vs The Commissioner For Entrance ... on 5 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58193
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 27974 OF 2025
PETITIONER:
FIDHA FATHIMA
AGED 21 YEARS
D/O ABDUL KHADER KOOTTAPACHALIL,
KOOTTAPPACHALIL HOUSE, OLAVUTTER P O,
MALAPPURAM, PIN - 673638
BY ADVS.
SRI.SHIRAZ ABDULLA M.S.
SHRI.K.ABDUL NASSAR
SHRI.VISHNU DEV C.S.
SHRI.ABBAS SALIM
RESPONDENT:
THE COMMISSIONER FOR ENTRANCE EXAMINATION
HOUSE BOARD BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2025, THE COURT ON 05.08.2025 DELIVERED THE FOLLOWING:
2025:KER:58193
W.P.(C) No.27974/2025
:2:
N. NAGARESH, J.
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W.P.(C) No.27974 of 2025
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Dated this the 5th day of August, 2025
JUDGMENT
~~~~~~~~~ The petitioner has applied for Kerala Engineering Architecture Medical (KEAM). The petitioner applied in the category of MU - Muslims (All sections following Islam). The respondent-Commissioner for Entrance Examinations uploaded a memo stating that there is defect in Nativity Certificate. The respondent included the petitioner in the General Category.
2. The petitioner states that she belongs to Mappila community and included in the Non Creamy Layer category as can seen from Ext.P8. Though the petitioner 2025:KER:58193 W.P.(C) No.27974/2025 :3: belongs to Muslim Non Creamy Layer Category, she has been included in the General Category. The petitioner submitted Ext.P9 representation requesting to change the category of the petitioner from General to Muslim. The respondents have not acted on Ext.P10. Hence, the petitioner is before this Court seeking to compel the respondents to include the petitioner under Muslim Quota.
3. The Government Pleader resisted the writ petition filing a statement. The Government Pleader submitted that all the candidates who applied for KEAM were given chance for rectification of defects. Initially, time was granted till 12.05.2025 which was later extended till 20.05.2025 and again till 02.06.2025. The petitioner failed to provide Nativity Certificate. The petitioner therefore at this stage cannot seek change of category.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
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5. The petitioner was born in Abu Dhabi. As per Clause 6(ii) of Admission Notification of KEAM 2025, applicants have to produce proof of nationality, nativity and date of birth of the candidates. Clause 6.1 of the KEAM Prospectus provides that candidates seeking admission to professional courses will be categorised as Keralite, Non-Keralite Category I (NK I) and Non-Keralite Category II (NK II). Clause 6.1.1 reads as follows:
6.1.1 Certificates to prove Nativity
(a) Keralites : In order to prove that a candidate is an Indian Citizen of Kerala origin for the limited purpose of eligibility for admission, he/she has to upload one of the following certificates to the online application.
i. The relevant page of Secondary School Leaving Certificate of the candidate showing the plae of birth in Kerala.
OR ii. The relevant page of the Secondary School Leaving Certificate of either of the parents of the candidate showing Place of Birth in Kerala with corroborative certificate to establish the relationship between the parent and the candidate.
OR iii. The relevant page of the Passport of the candidate, issued by Government of India, showing Place of Birth in Kerala or of either of the parents of the candidate showing Place of Birth in Kerala with corroborative certificate to establish the relationship between the parent and the candidate.
OR 2025:KER:58193 W.P.(C) No.27974/2025 :5: iv. A certificate of birth from the authority competent to register birth (Panchayat / Municipality / Corporation) showing the candidate's or either of the parents' (in which case corroborative certificate to establish the relationship between the parent and the candidate is necessary) place of birth in Kerala, to be issued by a competent registering authority.
OR v. A certificate from the Village Officer / Tahsildar to show that the candidate or his/her father/mother was born in Kerala. [This is to be obtained in the prescribed format given in Annexure XXXV].
OR vi. A certificate in the format given in Annexure XXXV(a) from the competent authority showing that the parent of the candidate is an All India Service officer allotted to Kerala cadre.
(b) Non-Keralites Category I (NK I) : In order to prove that the candidate is a Non-Keralite Category I (NK I) for the limited purpose of eligibility for admission, he/she has to upload one of the following certificates to the online application.
(i) A Certificate in the prescribed format obtained from the Head of the organisation, where the candidate's parent (employee) is serving/served, and the 'Certificate showing School studies in Kerala for Standards XI & XII' obtained from the Head of Institution (in the prescribed format given in Annexure XXXVI) where the candidate underwent his/her qualifying course in Kerala to satisfy the Nativity condition under the sub-clause 6.1(ii).
OR
(ii) A certificate of residence from the Village Officer / Tahsildar to the effect that the candidate has been a Resident of Kerala State for a period of five years within a period of twelve years of his/her study, to be obtained in the prescribed format given in Annexure XXXVII.
OR 2025:KER:58193 W.P.(C) No.27974/2025 :6:
(iii) A Certificate showing School Studies in Kerala from Std. VIII to XII obtained from the Head(s) of the educational institution(s) in Kerala in the case of candidates who have undergone school studies in Kerala to prove that the candidate has undergone his/her studies in the schools in Kerala from Std. VIII to XII. This certificate is to be obtained as per the guidelines given in Annexure XII and in the prescribed format given in Annexure XXXVIII.
(c) Non-Keralities Category II (NK II) : They should upload the 'Certificate of Completion of Qualifying Examination' in the prescribed format given in Annexure XXXIX to prove their Nativity or Passport issued by Government of India to prove Indian citizenship to the online application.
6. The petitioner and other similarly situated students were granted time to rectify the defects in their application, till 02.06.2025. In fact, details of the petitioner were also included in the defect list. The place of birth of the petitioner was mentioned in the SSLC as Abu Dhabi. The petitioner, on 18.07.2025, uploaded the Nativity Certificate from the Village Officer stating that the place of birth is Kerala. There were discrepancies in the documents submitted by the petitioner. The petitioner submitted her father's passport only on 22.07.2025. By the time, the rank list was published and category list was also published.
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7. As the petitioner failed to submit requisite documents before the stipulated time, the petitioner cannot contend that the respondents should include the petitioner under Muslim Quota in the matter of allotment.
The writ petition fails and it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE aks/04.08.2025 2025:KER:58193 W.P.(C) No.27974/2025 :8: APPENDIX OF WP(C) 27974/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MARK LIST OF 10TH STANDARD DTD NIL Exhibit P2 TRUE COPY OF THE MARK LIST OF +2 DTD NIL Exhibit P3 TRUE COPY OF THE APPLICATION OF NEET -
2025 DTD NIL Exhibit P4 TRUE COPY OF THE SCORE CARD OF NEET -
2025 DTD NIL Exhibit P5 A COPY OF THE APPLICATION ACKNOWLEDGEMENT OF THE PETITIONER DTD NIL Exhibit P6 A TRUE COPY OF THE MEMO BY THE RESPONDENT TO THE PETITIONER DTD 18- 07-2025 Exhibit P7 A TRUE COPY OF THE NATIVITY CERTIFICATE OF THE PETITIONER DTD 18- 07-2025 Exhibit P8 A TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE OF THE PETITIONER DTD 28- 02-2025 Exhibit P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE RESPONDENT BY THE PETITIONER DTD 19-07-2025 Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE RESPONDENT BY THE PETITIONER DTD 26-07-2025 RESPONDENT'S ANNEXURES Annexure R1(b) True copy of the Notification No. CEE/9/2025-TA1 dated 06.05.2025 Annexure R1(c) True copy of the Notification dated 29.05.2025 Annexure R1(a) True copy of Notification detailing the collection of certificates dated 20.02.2025 Annexure R1(d) True copy of the notification No. CEE/256/2025-TA5 dated 28.06.2025