Seyyida Riza vs State Of Kerala
2025 Latest Caselaw 2329 Ker

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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         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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                      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.

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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

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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

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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

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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

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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

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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

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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

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