Kerala High Court
Seyyida Riza vs State Of Kerala on 6 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58787
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 28642 OF 2025
PETITIONER:
SEYYIDA RIZA
AGED 21 YEARS, D/O ABDUL SALAM K
KOOVA HOUSE, CHETTAPPALAM VEMOM P.O ,
MANANTHAVADY WAYANAD, PIN - 670645.
BY ADVS.
SRI.LEEJOY MATHEW.V.
SRI.SABU S.KALLARAMOOLA
SMT.SINDHU MATHEW
SHRI.SIMSAR UL HAQ K.Y
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY HIGHER EDUCATION
DEPARTMENT GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001.
2 THE COMMISSIONER FOR ENTRANCE EXAMINATION
HOUSING BOARD BUILDING, THAMPANOOR
THIRUVANANTHAPURAM, PIN - 695001.
W.P.(C)No.28642 of 2025
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2025:KER:58787
BY ADVS.
SRI.P.G.PRAMOD, SENIOR GOVERNMENT PLEADER
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.28642 of 2025
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2025:KER:58787
JUDGMENT
Dated this the 6th day of August, 2025 The petitioner, who has appeared in the National Eligibility cum Entrance Test (NEET), has approached this Court seeking to direct the 2nd respondent to make corrections placing the petitioner under the "MU-Muslim"
category and simultaneously to include in the mandatory reservation category list for the admission of Medical Courses - 2025 before the issuance of the final allotment list. The petitioner states that in her fourth attempt in the NEET Examination, she secured All India Rank of 33661 and an OBC Category Rank of 15659. The KEAM rank of the petitioner is 3129.W.P.(C)No.28642 of 2025
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2. The petitioner states that in the NEET application form, the petitioner has preferred category as "OBC-NCL" and has furnished a valid certificate issued by the Government to confirm the same. The petitioner had also entered her religion, showing that she belongs to a minority religion and had shown the religion as "Muslim".
3. The petitioner states that when the reservation list was published, the petitioner noted that the petitioner was not included in the list under the category "MU- Muslim". In the list, SL No.1251, Rank No.3121 is included. Since the petitioner's Rank is 3129, the petitioner could have been included in the list. Consequently, the petitioner has lost the opportunity to gain admission under the "MU-Muslim"
category.
4. The petitioner states that she has learnt that the site of the Medical Entrance Examination is showing the W.P.(C)No.28642 of 2025 :5: 2025:KER:58787 petitioner under the "General Category" and not under the "MU-Muslim / OBC category". The respondents cannot have any objection to include the petitioner under the "MU- Muslim / OBC category".
5. Counsel for the petitioner argued that the petitioner had uploaded Ext.P9 Non Creamy Layer Certificate when the petitioner applied for the examination. In Ext.P9, it was clearly stated that the religion of the petitioner is "Islam" and the caste of the petitioner is "Mappila". On the basis of Ext.P9, the respondents ought to have included the petitioner in the OBC category.
6. The petitioner pointed out that in Ext.P8 list of candidates having defects in the application, the petitioner's application was shown as "defective" in the matter of "Non Creamy Layer Certificate". The defect pointed out by the respondents is that in the heading portion of Ext.P9, it W.P.(C)No.28642 of 2025 :6: 2025:KER:58787 was shown that the certificate is issued for "State Employment Purpose" instead of showing "State Government Education Purpose". But, for the said difference is inconsequential as the form of Non Creamy Layer Certificate prescribed by the rules is the same. This being a minor defect, the petitioner's future cannot be put to peril by not permitting the petitioner to be included in the category list of OBC candidates. The petitioner has filed Ext.P7 complaint in this regard along with Ext.P3. The complaint was not taken note of by the respondents.
7. The petitioner further pointed out that Ext.P6 mandatory reservation category list clearly shows that the list is provisional and subject to the decision of the Screening Committee. The defect in respect of the petitioner's Non-Creamy Layer Certificate being a very trivial one, the Screening Committee is compellable to correct the W.P.(C)No.28642 of 2025 :7: 2025:KER:58787 mistake. Unless the petitioner is included in the OBC category and her claim for admission to MBBS Course is considered accordingly, it would be a travesty of justice, contended the Counsel for the petitioner.
8. Government Pleader entered appearance and resisted the writ petition. The Government Pleader pointed out that in KEAM Prospectus, in Clause 5.4.2(b), it was clearly indicated that candidates belonging to Ezhava, Muslim, Other Backward Hindus, Latin Catholic, Anglo- Indians, Dheevara and related Communities, Viswakarma and related Communities, Kusavanand and related Communities, Other Backward Christian and Kudumbi Communities, claiming reservation under SEBC Quota should invariably upload Non Creamy Layer Certificate in the prescribed format for State Government Education purpose obtained from the Village Officer concerned, in the format W.P.(C)No.28642 of 2025 :8: 2025:KER:58787 given in Annexure - XXVII.
9. Similarly, Annexure R3(a) notification also made it mandatory that the Non Creamy Layer Certificate should be in the prescribed form and should be one issued for State Government Education purpose. The petitioner did not upload the requisite certificate. Therefore, the respondents were forced to include the petitioner in the General Category. The category-wise list is finally published and the first list of allotment was published on 05.08.2025. At this belated stage, no interference can be made in the allotment process, contended the Government Pleader.
10. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing the respondents.
11. Ext.P9 is the Non Creamy Layer Certificate admittedly uploaded by the petitioner. Ext.P9 shows that the W.P.(C)No.28642 of 2025 :9: 2025:KER:58787 said certificate was issued for "State Employment Purpose". Annexure-R2(a) notification relating to KEAM-2025 in paragraph No.6 in Sub Clause No.iii specifically stated that candidates claiming reservation under Socially and Educationally Backward Classes (SEBC) and Other Eligible Communities (OEC) should upload the "Non Creamy Layer Certificate for State Government Education purpose"
obtained from the Village Officer. The notification also provided the format in Annexure-XXVII of the Prospectus. The Non-Creamy Layer Certificate produced by the petitioner is not for State Government Education Purpose.
12. The Prospectus for KEAM also provided in Clause 5.4.2(b) that candidates belonging to Muslims and Other Backward Communities should invariably upload Non- Creamy Layer Certificate in the prescribed format for "State Government Education Purpose" obtained from the Village W.P.(C)No.28642 of 2025 :10: 2025:KER:58787 Officer concerned.
13. Admittedly, the petitioner has not provided the said Non Creamy Layer Certificate for State Government Education purpose. In this case, the final category list was published on 30.07.2025. Government Pleader would submit that the first list of allotment has also been published on 05.08.2025. In such circumstances, the list cannot be altered as prayed for by the petitioner at this belated stage. Admittedly, the petitioner has not uploaded the certificate as required under the Prospectus and the notification.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.28642 of 2025 :11: 2025:KER:58787 APPENDIX OF WP(C) 28642/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPIES OF THE MARK LIST OF THE 10TH AND 12TH STANDARDS OF THE PETITIONER Exhibit P 2 A TRUE COPY OF THE CONFIRMATION PAGE OF APPLICATION NO. 250410982881 OF THE NEET EXAM Exhibit P 3 A TRUE COPY OF THE NO-CREAMY LAYER CERTIFICATE ISSUED BY THE MANANTHAVADY VILLAGE OFFICER Exhibit P 4 A TRUE COPY OF THE SCORE CARD OF THE NEET EXAM Exhibit P 5 A TRUE COPY OF THE RELEVANT PAGE OF KERALA STATE MEDICAL RANK LIST - 2025 Exhibit P 6 A TRUE COPY OF THE MANDATORY RESERVATION CATEGORY LIST SHOWING THE NEXT RANK HOLDER TO THE PETITIONER OCCUPYING THE PETITIONER'S PLACE Exhibit P 7 A TRUE COPY OF THE COMPLAINT/REPRESENTATION Exhibit P8 A TRUE COPY OF THE RELEVANT PAGE (PAGE NO.473) OF THE DEFECT LIST DATED 29.5.2025, ISSUED BY THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE 'NON-CREAMY LAYER CERTIFICATE' UPLOADED BY THE PETITIONER RESPONDENT ANNEXURE ANNEXURE R2(a) TRUE COPY OF THE NOTIFICATION NO.CEE/9/2025-TA 1 DATED 20.02.2025