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2026 Supreme(Online)(Ker) 5672

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
ASIF ALI.T.S – Appellant
Versus
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY – Respondent
WP(C) NO. 36199 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.M.U.VIJAYALAKSHMI, SRI.BRIJESH MOHAN, SRI.SACHIN RAMESH, SMT.AISHWARYA SATHEESAN, SMT.POOJA K., SRI.MANIKANTAN S.KANDATHIL, SMT.SREELAKSHMI S.N.
For the Respondents: SRI. MANU GOVIND

Reservation criteria require clear guidelines on necessary documentation for community eligibility.

Headnote:The petitioner possesses qualifications and applied for the Assistant Professor post under Community Reservation but was shortlisted under the Open Competition Category due to non-submission of a Non-Creamy Layer Certificate. The court found the non-requirement of dual certificates and ultimately directed the university to conclude selection proceedings accepting the submitted Non-Creamy Layer Certificate, as the petitioner ranked first under the Muslim Community Quota.

Result: The writ petition is disposed of in favor of the petitioner.

Table of Content
1. petitioner's qualifications and application for community reservation. (Para 2)
2. challenge to rejection based on certificate submission. (Para 3 , 4)
3. court's interim order for participation in selection. (Para 5)
4. consideration of qualifications and submission of necessary certificates. (Para 7 , 8 , 9)
5. final decision directing the conclusion of selection under community quota. (Para 10 , 11)

JUDGMENT

Dated this the 29th day of January, 2026 The petitioner states that the petitioner possesses B.Tech in Dairy Technology and M.Tech qualification. The petitioner submitted application for appointment to the post of Assistant Professor in Dairy Technology under the respondents. The petitioner produced Ext.P6 Caste Certificate claiming reservation under the Muslim Community Quota. 2. However, when Ext.P7 shortlist was published, the petitioner was included only under the Open Competition Category and was not included under the Community Reservation Category. In Ext.P8 list of rejected candidates, it has been stated that the petitioner failed to produce Non-Creamy Layer Certificate.

3. The petitioner states that the rejection of the application of the petitioner for appointment under the Community Reservation is illegal and unsustainable. Ext.P1 notification mandated to produce either Community Certificate or Non-Creamy Layer Certificate. The petitioner had produced Community Certificate along with his application. The petitioner, therefore, challenges rejection of the petitioner’s candidature for appointment under Community Quota.

4. Standing Counsel entered appearance on behalf of the respondents and resisted the writ petition. The respondents denied all the material allegations made by the petitioner against them. Ext.P1 notification indicated that the applicants shall produce Community Certificate / Non-Creamy Layer Certificate for making them eligible for appointment under the Community Quota. The petitioner produced only Community Certificate. The Non-Creamy Layer Certificate was not produced. It was in such circumstances that the petitioner was considered only under the General Category. The petitioner has not advanced any grounds to interfere with the decision of the University, urged the respondents.

5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

6. When this writ petition came up for admission on

29.09.2025, this Court passed an interim order directing the respondents to permit the petitioner to participate in the selection process under the Community Reservation Quota applicable to the Muslim Community provisionally.

7. It is submitted that pursuant to the interim order dated 29.09.2025, the petitioner participated in the interview and stands Rank No.1 for appointment against Muslim Community Quota, as can be seen from Ext.P10.

8. The reason for non-consideration of the petitioner under the Community Quota by the University authorities is that the petitioner did not produce Non-Creamy Layer Certificate along with his application. Ext.P1 is the recruitment notification. Clause III (2) of Ext.P1 provides that applicants for the post under Community Reservation Quota should submit Caste Certificate / Non-Creamy Layer Certificate issued on or after 01.06.2024.

9. The petitioner would urge that as the requirement was shown as “Caste Certificate / Non-Creamy Layer Certificate”, the petitioner produced one of the Certificates namely the Caste Certificate. In the absence of the word “and” between the words “Caste Certificate” “Non-Creamy Layer Certificate”, the petitioner is not expected to produce both the Certificates.

10. Be that as it may, I find that at the time of interview, pursuant to the interim order of this Court, the petitioner had produced Ext.P11 Non-Creamy Layer Certificate issued after 01.06.2024, which is the mandate of Ext.P1 Recruitment Notification.

11. In that view of the matter, I am of the firm opinion that the petitioner’

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