THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.10.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

"CR"

JUDGMENT

Raja Vijayaraghavan V, J.

The State has preferred this intra-court appeal challenging the judgment dated 23.10.2026 passed by the learned Single Judge of this Court in W.P.(C) No.28587 of 2026.

2. The aforesaid writ petition was filed by the minor child, the 1st respondent herein, represented by her father. The 1st respondent intended to appear for the Common Law Admission Test (CLAT) 2027, the entrance examination for admission to the much sought after undergraduate law programmes. The principal prayer in the writ petition was to quash Ext. P8 rejection order, whereby her request for inclusion in the Non-Creamy Layer category and for issuance of a Non-Creamy Layer Certificate was rejected. The petitioner also sought a declaration that her creamy layer status could not be determined solely on the ground that her mother presently holds a Class I/Group A post, without considering the applicable criteria prescribed in Office Memorandum No. 36012/22/93 Estt. (SCT) dated 08.09.1993, issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Government of India.

3. Since the last date for submitting applications to appear for the entrance examination scheduled to be held on 06.12.2026 was 31.10.2026, and in view of the urgency expressed, with the consent of both sides, we took up the matter for final disposal on the date of admission itself.

4. We have heard the submissions of Sri P.A. Mohammed Shah, the learned Additional Advocate General appearing for the appellants and Smt. Parvathy Kottool, the learned counsel appearing for the writ petitioner, who is the 1st respondent herein.

5. Before adverting to the contentions advanced by the parties, it would be apposite to set out the brief facts that led to the filing of the writ petition:

a. The 1st respondent is a minor. She is a Muslim and belongs to the Mappila community, which is included under the category of “Muslims” in the list of Socially and Educationally Backward Classes (SEBC) notified by the Government of Kerala vide G.O.(P) No. 208/66/Edn. dated 02.05.1966, as subsequently amended.

b. The 1st respondent states that her father was appointed as Assistant Public Prosecutor Grade II at Gram Nyayalaya, Azhutha, Peerumedu, on 31.07.2018, in the pay scale of ₹40,500 to ₹85,000. He was subsequently promoted as Assistant Public Prosecutor Grade I on 27.07.2023, in the pay scale of ₹63,700 to ₹1,23,700, as evidenced by Ext. P2 service certificate produced before this Court in the writ petition.

c. According to the 1st respondent, her mother joined the Kerala State Higher Judicial Service on 16.07.2021 as an Additional District and Sessions Judge and is presently serving as Additional District and Sessions Judge IV, Kollam, when she was 41 years of age. She contends that, prior to her appointment to the Kerala State Higher Judicial Service, her mother was practising as an advocate and that, during the financial year 2019–2020, her gross income was approximately ₹1,20,130, as evidenced by Ext. P4, a copy of her Income Tax Return.

d. In the meantime, Ext. P5 press release was issued by the 5th respondent, inviting applications for CLAT 2027. In order to produce the requisite certificate and claim the benefit of reservation, the 1st respondent submitted Ext. P7 application before the Tahsildar, Kunnamkulam Taluk.

e. The 1st respondent asserts that the Tahsildar rejected her application on the ground that her mother was a directly recruited Class I officer and, therefore, she was not entitled to an OBC Non-Creamy Layer Certificate under Ext. P9, Office Memorandum No. 36012/22/93 Estt. (SCT) dated 08.09.1993, issued by the Government of India (hereinafter referred to as the “1993 Office Memorandum”).

f. According to the 1st respondent, the 1993 Office Memorandum was subsequently clarified by the competent authori