Kerala High Court
Joseph Sam Libu vs State Of Kerala on 19 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:62611
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 27725 OF 2025
PETITIONER:
JOSEPH SAM LIBU
AGED 17 YEARS
(REPRESENTED BY HIS FATHER DR. LIBU G.K)
S/O LIBU G.K, SUNNY DALE
T-C-27/3120, MEADS LANG, PALAYAM,
THIRUVANANTHAPURAY UNIVERSITY. P.O,
THIRUVANANTHAPURAM DISTRICT., PIN - 695034
BY ADVS.
SRI.NOUSHAD THOTTATHIL
SRI.NOORJI NOUSHAD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS, HOUSING BOARD BUILDINGS
SANTHI NAGAR, THIRUVANANTHAPURAM
PIN - 695001
2025:KER:62611
WP(C) No.27725 of 2025
2
BY ADVS.
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:62611
WP(C) No.27725 of 2025
3
JUDGMENT
Dated this the 19th day of August, 2025 The writ petition has been filed by the petitioner seeking the following reliefs:
(1) To issue a Writ of Certiorari or any other appropriate writ, order or direction quashing Ext.P7 Memo issued by the office of the 2nd respondent as arbitrary, illegal and unsustainable. (2) To issue a Writ of Mandamus or any other Writ order or direction, directing the respondents to accept and consider the application submitted by the petitioner for getting MBBS admission under NRI Quota without insisting to produce, and upload Overseas Employment Certificate with the attestation of Embassy / Consulate General of India.
OR To issue a Writ of Mandamus or any other direction direct the 2nd respondent to grant the petitioner enough time or such time as this Honorable Court may deem fit, to rectify any defect or deficiency noticed in Ext.P7 memo in the matter of accepting the application submitted by the petitioner for MBBS admission under NRI Quota.
2. When this writ petition came up for admission on 28.07.2025, this Court passed an interim order to the following effect:
2025:KER:62611 WP(C) No.27725 of 2025 4 "In the above circumstances, there will be a direction to the respondents to consider the petitioner's admission in the NRI quota on condition that the apostilled documents relating to the employment of the sponsor are produced within three weeks from today. If the document is not produced within the said period, the respondents are free to cancel the admission granted to the petitioner."
3. Government Pleader, on instructions, submits that pursuant to the interim order passed by this Court, the petitioner's name was included in the NRI Quota List and the petitioner has been granted allotment for MBBS Course.
In view of the subsequent development, no further orders are necessary in this writ petition. The writ petition is accordingly disposed of recording the said submission.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:62611 WP(C) No.27725 of 2025 5 APPENDIX OF WP(C) 27725/2025 PETITIONER EXHIBITS Exhibit P1 THE SCORECARD SHOWING THE DETAILS OF ROL.NO 2811209372 AND APPLICATION NO . 250410017794 AND PERCENTILE OBTAINED IN THE NEET (UG) 2025 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1 Exhibit P2 COPY OF THE PERMANENT RESIDENT CARD OF THE SPONSOR, MR. BAIJU SAHAYADAS, WHICH IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.
Exhibit P3 AFFIDAVIT SWORN BY THE SPONSOR, MR.
BAIJU SAHAYADAS, DECLARING HIS RELATIONSHIP WITH THE PETITIONER AND AFFIRMING HIS NRI STATUS, ALONG WITH AN UNDERTAKING TO SPONSOR THE PETITIONER FOR ADMISSION UNDER THE NRI QUOTA, WHICH IS DATED ON 14.03.2025 PRODUCED HEREWITH MARKED AS EXHIBIT P3 Exhibit P4 CERTIFICATE ISSUED BY THE CONSULATE GENERAL OF INDIA, VANCOUVER, CANADA, CERTIFYING THAT MR. BAIJU SAHAYADAS ( SPONSOR) IS A NON-RESIDENT INDIAN RESIDING IN CANADA WHICH IS DATED ON 29.04.2025 PRODUCED HEREWITH MARKED AS EXHIBIT P4.
Exhibit P5 OVERSEAS EMPLOYMENT CERTIFICATE OF THE PETITIONER'S SPONSOR, DULY ATTESTED BY A NOTARY PUBLIC AND COMMISSIONER FOR OATHS IN ALBERTA, CANADA, WHICH IS DATED ON 10.03.2025 PRODUCED HEREWITH AND MARKED AS EXHIBIT P5.
Exhibit P6 CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VANCHIYOOR, CERTIFYING THE RELATIONSHIP BETWEEN THE PETITIONER AND THE SPONSOR, MR. BAIJU SAHAYADAS, WHICH IS BEARING NO . 409/2025 AND DATED NILL.PRODUCED HEREWITH AND 2025:KER:62611 WP(C) No.27725 of 2025 6 MARKED AS EXHIBIT P6.
Exhibit P7 A TRUE COPY OF MEMO AND DATE NILL PRODUCED HEREWITH AND MARKED AS EXHIBIT P7.
Exhibit P8 A TRUE COPY OF THIS GUIDELINE ISSUED BY THE CONSULATE GENERAL OF INDIA ON .05.09.2024 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P8.
Exhibit P9 A TRUE COPY OF LETTER IS DATED ON 21.07.2025 PRODUCED HEREWITH AND MARKED AS EXHIBIT P9.
Exhibit P10 A TRUE COPY OF FOLLOW-UP LETTER IS DATED ON 24.07.2025 PRODUCED HEREWITH AND MARKED AS EXHIBIT P10