JUDGMENT

A.K.Jayasankaran Nambiar, J.

The petitioner who was a candidate at the NEET(UG) 2021, has approached this Court aggrieved by the non-inclusion of her name under the NRI quota for admission to Medical Courses in the State. In the Writ Petition, it is her case that although she had uploaded the necessary documents for consideration of her application under the NRI quota, her name was not included under the NRI quota for reasons best known to the respondents. In the Writ Petition, she seeks a declaration that she is entitled to be included in the rank list under the NRI quota inasmuch as persons, who have secured a lower rank than her in the Entrance Examination are seen included in the NRI quota.

2. Through a statement filed by the learned Government Pleader on behalf of the 2nd respondent, a reference is made to Clause 5.7 of the Prospectus for admission to Professional Degree Courses 2021 that specifies the criteria for qualifying as a sponsor of an applicant under the NRI quota. With specific reference to the case of the petitioner, it is pointed out that in the relationship certificate produced by the petitioner her relation to the sponsor was recorded only as “Niece” and that was not sufficient inasmuch as the petitioner had to specify the exact relationship, namely, whether she was the daughter of the sponsor's brother or sister.

3. We have heard Sri.Lal K.Joseph, the learned counsel for the petitioner, Sri.P.G.Pramod, the learned Government Pleader for the official respondents and Smt.Mery Benjamin the learned Standing counsel for the 4th respondent.

4. We find that in the instant case it is not in dispute that the petitioner had uploaded Ext.P10 Relationship Certificate which clearly indicated that Hafsiba Kollathodi Sameer, the sponsor, was related to the petitioner Alina Safer, who was his niece. There is no dispute that the petitioner is in fact the niece of the sponsor and the only objection raised by the respondents appears to be that it was not specified whether the petitioner was the daughter of the sponsor's brother or daughter of the sponsor's sister. Inasmuch as in either event the petitioner would qualify for inclusion under the NRI quota, and the Relationship Certificate that was uploaded within time was issued by the revenue authorities and clearly indicated that the petitioner was the niece of the sponsor, we are of the view that the petitioner's name has to be included in the list of persons eligible for the NRI quota based on her ranking in the Entrance Examination. Accordingly, we allow this Writ Petition by declaring that the petitioner is eligible to be included in the rank list based on her ranking in the rank list and subject to her satisfying the other requirements for inclusion in the NRI quota, and directing the respondents to include the name of the petitioner in the said rank list so that the petitioner can pursue her MBBS Course on the basis of such inclusion. The Government Pleader shall communicate the gist of this judgment to the respondents for immediate action.

The Writ Petition is disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-

MOHAMMED NIAS C.P.

JUDGE

mns

APPENDIX OF WP(C) 1038/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CANDIDATE DETAILS OF THE PETITIONER WITH ROLL NO. 305212 AVAILABLE FROM THE WEBSITE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS, KERALA Exhibit P2 TRUE COPY OF THE UNDERTAKING DATED 28-06-

2021 GIVEN BY THE SISTER OF THE PETITIONER'S FATHER SMT HAFSIBA KOLLATHODI SAMEER.

Exhibit P3 TRUE COPY OF THE CERTIFICATE NO 42784 DATED 29-06-2021 ISSUED BY THE EMBASSY OF INDIA, DOHA, QUTAR CERTIFYING THAT SMT. HAFSIBA KOLLATHODI SAMEER SAMEER ENJOYS THE STATUS OF NON-RESIDENT INDIAN Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED 7-12-

2021 OF SMT. HAFSIBA KOLLATHODI SAMEER STATING THAT SHE IS A NON-RESIDENT INDIAN Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 05-01- 2022 FROM THE VILALGE OFFICER, AREEKODE, REVEALING THAT THE PETITIONER IS THE DAUGHTER OF THE BROTHER