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
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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
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
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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
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(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
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
