Kerala High Court
Hima C vs State Of Kerala on 5 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58707
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. 28686 OF 2025
PETITIONER:
HIMA C
AGED 19 YEARS
D/O ADV C VINODAN SENHA, PUTHOOR
VADAKARA ,KOZHIKKODE, PIN - 682006
BY ADVS.
SRI.C.R.SIVAKUMAR
SMT.ANJALI C.
SMT.BINI KRISHNA
SMT.SUBHAJA P.
SMT.NISHA MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
KSRTC BUS TERMINAL COMPLEX, THAMPANOOR
THIRUVANANTHAPURAM, PIN - 695001
3 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF HEALTH & FAMILY WELFARE,
ROOM NO. 201-D, NIRMAN BHAWAN,
NEW DELHI, PIN - 110011
2025:KER:58707
W.P.(C) No.28686/2025
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4 THE JOINT SECRETARY
MINISTRY OF EDUCATION 122-C,
SHASTRI BHAWAN NEW DELHI,
PIN - 110001
5 DIRECTOR GENERAL
NATIONAL TESTING AGENCY (NTA)
DEPARTMENT OF HIGHER EDUCATION
NSIC-MDBP BUILDING FIRST FLOOR
OKHLA INDUSTRIES ESTATE, PHASE III,
NEW DELHI, PIN - 110020
6 THE SECRETARY
THE NATIONAL MEDICAL COMMISSION (NMC)
POCKET-14, SECTOR-8, DWARKA,
NEW DELHI, PIN - 110077
BY ADVS.
SHRI.SAGITH KUMAR V., CGC
SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.28686/2025
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N. NAGARESH, J.
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W.P.(C) No.28686 of 2025
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Dated this the 5th day of August, 2025
JUDGMENT
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The petitioner states that she is a meritorious
female student belonging to the Saliya community which is
recognised as a Backward Hindu (BH) caste under the OBC
list of the State of Kerala. The petitioner appeared for the
NEET UG 2025 Examination and applied for admission to
MBBS / BDS through the KEAM 2025 admission process.
2. The petitioner submits that she had submitted
a valid online application under the Kerala State Quota
claiming reservations benefits. The petitioner uploaded all
requisite documents including Non Creamy Layer Certificate
and Caste Certificate issued by the competent Village Officer.
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3. The petitioner, however, was erroneously
excluded from the OBC reservation list in the KEAM 2025 list.
In the list, the petitioner was treated as a General Category
candidate. The petitioner states that exclusion of the petitioner
from the BH Category in the State Quota list is discriminatory
and violative of her fundamental rights. The community status
and Non Creamy Layer status of the petitioner were validly
certified by the competent authority. The petitioner therefore
seeks to command respondents 1 and 2 to forthwith include
the petitioner in the OBC / BH Category in the KEAM 2025
rank list and revise her admission eligibility accordingly.
4. Government Pleader entered appearance and
resisted the writ petition. The Government Pleader submitted
that the final category list of those candidates who are eligible
for different category / community / fee reservation for
admission to Medical / Medical Allied Courses was published
in the website of the Commissioner for Entrance Examinations.
The final category list has been prepared after addressing the
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valid complaints received against the provisional category list.
The petitioner and other candidates were given opportunity to
view the category list and take necessary steps to cure the
defects. The petitioner did not upload the Non Creamy Layer
Certificate within the stipulated time. The petitioner was
therefore included in the General Category list. The writ
petition is without any merit and it is liable to be dismissed.
5. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 and 2, the learned Central Government Counsel
appearing for respondents 3 and 4 and the learned Standing
Counsel representing the 6th respondent.
6. The petitioner submitted application on
22.02.2025. The last date for submission of application
originally stipulated was 20.02.2025. After the submission of
application by the petitioner, the candidates were granted time
up to 12.05.2025 for curing the defects. The said date was
extended to 20.05.2025, 02.06.2025 and finally upto
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03.07.2025. The petitioner did not upload valid Non Creamy
Layer Certificate on or before 03.07.2025. The petitioner sent
the Non Creamy Layer Certificate through e-mail only on
30.07.2025 by which date the respondents had published the
final categorywise list.
7. In the absence of valid NCL Certificate
received from the petitioner till 03.07.2025, the petitioner's
name was included in the list of General Category. I do not
find any illegality in the action of the respondents. Now that
the Categorywise list is already published and the allotment
process is on, no interference can be made in the Category
List or allotment process.
The writ petition fails and it is hence
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/04.08.2025
2025:KER:58707
APPENDIX OF WP(C) 28686/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION
ACKNOWLEDGEMENT ISSUED BY THE 2ND
RESPONDENT DATED 22/02/25
Exhibit P1A A TRUE COPY OF THE ADMIT CARD ISSUED BY
THE 2ND RESPONDENT DATED 30/04/2025
Exhibit P2 A TRUE COPY OF THE CASTE CERTIFICATE
ISSUED BY THE VILLAGE OFFICER
NADAKKUTHAHA DATED 22/02/2023
Exhibit P3 A TRUE COPY OF THE NONCREAMY LAYER
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER NADAKKUTHAHA DATED 01/02/2023
Exhibit P4 A TRUE COPY OF THE RESULT PUBLISHED BY
NATIONAL TESTING AGENCY UNDATED
Exhibit P5 A TRUE COPY OF THE ALL INDIA RANK LIST
PUBLISHED BY THE 2ND RESPONDENT
