JUDGMENT : P.B. Suresh Kumar, J. 1. The first petitioner in W.P.(C) No. 11926 of 2017 is the father of the second petitioner therein. The second petitioner in the said writ petition and the petitioner in W.P.(C) No. 14852 of 2017 have applied for allotment of seats for admission to MBBS course pursuant to an invitation made by the Commissioner for Entrance Examinations of the State Government. It is provided in the prospectus published by the Commissioner for Entrance Examinations in this connection that the applicants for allotment of seats will be categorised as 'Keralite', 'Non-Keralite I' and 'Non-Keralite II' and only candidates who fall under categories 'Keralite' and 'Non-Keralite I' will be considered for allotment of seats for MBBS course. The prospectus provides that a candidate of Kerala origin will be categorised as a 'Keralite' for the purpose of allotment. The case of the petitioners is that they are persons of Kerala origin, nevertheless, they are not being considered as persons of Kerala origin for allotment of seats for MBBS course on account of their inability to produce the documents insisted in terms of the prospectus to establish the said fact. It is also the case of the petitioners that since candidates of Kerala origin would not fall under the category 'Non-Keralite I' in terms of the prospectus, they can claim allotment of seats for MBBS course only if they are considered as candidates of Kerala origin coming under the category 'Keralite'. The documents insisted in terms of the prospectus to establish the origin of the candidates are documents which would show that the candidates or either of their parents are born in Kerala. According to the petitioners, the provisions in the prospectus dealing with the particulars of the documents to be produced by candidates to establish that they are persons of Kerala origin is discriminative and violative of Articles 14 and 15 of the Constitution. The petitioners, therefore, seek, among others, a declaration that clause 6.1.1 of the prospectus, dealing with the certificates to be produced by the candidates to establish their origin is unconstitutional and violative of Articles 14 and 15 of the Constitution. 2. A counter affidavit has been filed by the Commissioner for Entrance Examinations supporting the terms incorporated in the prospectus. 3. Heard the learned Senior Counsel for the petitioners as also the learned Government Pleader for the respondents. 4. 2. A counter affidavit has been filed by the Commissioner for Entrance Examinations supporting the terms incorporated in the prospectus. 3. Heard the learned Senior Counsel for the petitioners as also the learned Government Pleader for the respondents. 4. Clause 6.1 of the prospectus, which is Ext. P5 in W.P.(C) No. 11926 of 2017, dealing with the categorization of the candidates for allotment reads thus: "6.1 Nativity: Only Indian citizens are eligible for admission to Professional courses unless otherwise notified. Persons of Indian Origin (PIO)/Overseas Citizen of India (OCI) will also be treated at par with Indian citizens for the limited purpose of admission. However PIO/OCI candidates will not be eligible for any kind of reservation. Candidates seeking admission to Professional courses will be categorised as Keralite, Non-Keralite Category I (NK I) and Non-Keralite Category II (NK II). (i) Keralite: A candidate of Kerala origin will be categorised as a 'Keralite'. Children of All India Service (AIS) officers (Non-Keralites) allotted to Kerala cadre are deemed to be 'Keralites' as per G.O. (Rt) No. 822/08/H. Edn. dated 29/05/2008. But they will not be eligible for Communal/Special/Persons with Disabilities reservation or any fee concession. (ii) Non-Keralite Category I (NK I): A candidate who is not of Kerala origin but fulfils anyone of the following conditions will be categorised as 'Non-Keralite Category I'(NK I). (a) A candidate who has undergone qualifying course in Kerala and who is son/daughter of Non Keralite parents belong to Government of India/Defence Service, posted to Kerala. (b) A candidate who has undergone qualifying course in Kerala and who is son/daughter of Non Keralite parents who are serving/served Government of Kerala for a minimum period of two years. (c) A candidate who is not of Kerala Origin but has been a resident of Kerala State for a period of 5(five) years within the period of 12 (twelve) years of his/her study. (d) A candidate who is not of Kerala Origin but who has undergone his/her school studies in Kerala from standard VIII to XII. Non-Keralite Category I candidates will be considered against 'State Merit' seats for Engineering/Architecture/Medical & Allied courses. But they will not be eligible for Communal/Special/Persons with Disabilities reservation or any fee concession. (iii) Non-Keralite Category II [NK II]: Candidates who do not come under 'Keralite' or 'Non Keralite Category I' will be categorised as 'Non-Keralite Category II'. Non-Keralite Category I candidates will be considered against 'State Merit' seats for Engineering/Architecture/Medical & Allied courses. But they will not be eligible for Communal/Special/Persons with Disabilities reservation or any fee concession. (iii) Non-Keralite Category II [NK II]: Candidates who do not come under 'Keralite' or 'Non Keralite Category I' will be categorised as 'Non-Keralite Category II'. Such candidates are eligible for admission to Government seats and Management quota seats in Engineering courses in Government Controlled Self financing Colleges. However, the 'Non-Keralite Category II' (NK II) candidates will be considered for admission to the Government seats in Government Controlled Self Financing Engineering Colleges only when the Keralite and Non Keralite I (NK I) candidates are not available for admission. 'Non-Keralite Category II' (NK II) candidates are also eligible for admission to Government Seats and Management Quota seats in Private Self Financing Engineering/Architecture Colleges, which will be notified separately. But they will not be eligible for Communal/Special/Persons with Disabilities reservation or any fee concession. 'Non-Keralite Category II' (NK II) candidates are not eligible for admission to Medical and Allied Courses including MBBS/BDS and for admission to Government Engineering Colleges. Note: The following category of candidates will not be governed by clauses (i), (ii) and (iii) above: Candidates to be admitted in respect of seats reserved for the nominees of Government of India, Administration of Union Territory of Andaman & Nicobar Islands, Lakshadweep Administration, Jammu & Kashmir, candidates selected through the All India quota seats for MBBS/BDS courses and candidates sponsored under reciprocal quota by Govt. of Karnataka/Tamil Nadu. 6. 1.1 Certificates to prove Nativity (a) Keralites: In order to prove that a candidate is an Indian Citizen of Kerala origin for the limited purpose of eligibility for admission, he/she has to produce one of the following certificates along with the printout of the application itself. (i) The true copy of the relevant page of Secondary School Leaving Certificate of the candidate showing the place of birth in Kerala. OR (ii) The true copy of the relevant page of the Secondary School Leaving Certificate of either of the parents of the candidate showing Place of Birth in Kerala with corroborative certificate to establish the relationship between the parent and the candidate. OR (ii) The true copy of the relevant page of the Secondary School Leaving Certificate of either of the parents of the candidate showing Place of Birth in Kerala with corroborative certificate to establish the relationship between the parent and the candidate. OR (iii) The true copy of the relevant page of the Passport of the candidate, issued by Government of India, showing Place of Birth in Kerala or of either of the parents of the candidate showing Place of Birth in Kerala with corroborative certificate to establish the relationship between the parent and the candidate. OR (iv) A certificate of birth from the authority competent to register birth (Panchayat/Municipality/Corporation) showing the candidate's or either of the parents' (in which case corroborative certificate to establish the relationship between the parent and the candidate is necessary) place of birth in Kerala, to be issued by a competent registering authority. OR (v) A certificate from the Village Officer/Tahsildar to show that the candidate or his/her father/mother was born in Kerala (This is to be obtained in the prescribed format along with the printout of the application). OR (vi) A certificate from the competent authority showing that the parent of the candidate is an All India Service officer allotted to Kerala cadre. (b) Non-Keralites Category I [NK I]: In order to prove that the candidate is a Non-Keralite Category I (NK I) for the limited purpose of eligibility for admission, he/she has to produce one of the following certificates along with the printout of the application itself. (i) A Certificate to be issued by the Employer is to be obtained in the prescribed format in the application from the Head of the organisation, where the candidate's parent (employee) is serving/served, and the 'Certificate showing School studies in Kerala for Standards XI & XII' is to be obtained from the Head of institution where the candidate underwent his/her qualifying course in Kerala to satisfy the nativity condition under the sub-clause 6.1(ii). (ii) A certificate of residence from the Village Officer/Tahsildar to the effect that the candidate has been a resident of Kerala State for a period of five years within a period of twelve years of his/her study (to be obtained in the prescribed format along with the printout of the application). (iii) A Certificate showing School Studies in Kerala from Std. (iii) A Certificate showing School Studies in Kerala from Std. VIII to XII obtained from the Heads of the educational institutions in Kerala in the case of candidates who have undergone school studies in Kerala to prove that the candidate has undergone his/her studies in the schools in Kerala from Std. VIII to XII. This certificate is to be obtained in the prescribed format in the application itself (For details regarding the Certificate showing School Studies in Kerala from Std. VIII to XII, see Annexure XII). (c) Non-Keralites Category II [NK II]: They should furnish the 'Certificate of Completion of Qualifying Examination' in the prescribed format in the application itself to prove their nativity or copy of Passport issued by Government of India to prove Indian citizenship." As evident from clause 6.1, a candidate of Kerala origin is entitled in terms of the prospectus to be categorised as 'Keralite' for the purpose of allotment of seats for MBBS course. As pointed out by the petitioners, it is seen that the documents insisted in clause 6.1.1 of the prospectus to establish the origin of the candidate are documents which would show that the candidate is a person born in Kerala or either of his/her parents is born in Kerala. In other words, in terms of the said clause, candidates of Kerala origin who are not born in Kerala or either of their parents are not born in Kerala are excluded from the allotment process. As noted above, the prospectus recites that a candidate of Kerala origin is entitled to be categorised as a 'Keralite' for the purpose of allotment of seats for MBBS course. Going by the dictionary meaning, 'origin' is the 'point from which something came into existence'. The expression 'candidates of Kerala origin', in the said view, can only be understood as referring to candidates whose ancestors are from Kerala. Having specified in the prospectus that a candidate of Kerala origin will be treated as a 'Keralite' for the purpose of allotment of seats for MBBS course, excluding candidates of Kerala origin who, or either of their parents are not born in Kerala from the allotment process, according to me, is per se arbitrary. Having specified in the prospectus that a candidate of Kerala origin will be treated as a 'Keralite' for the purpose of allotment of seats for MBBS course, excluding candidates of Kerala origin who, or either of their parents are not born in Kerala from the allotment process, according to me, is per se arbitrary. Further, as noted above, the documents insisted in terms of the prospectus to establish the origin of the candidates discriminate the petitioners and similarly placed, on the ground of their place of birth which is violative of Article 15 (1) of the Constitution. 5. Now, I shall consider the question as to whether the second petitioner in W.P.(C) No. 11926 of 2017 and the petitioner in W.P.(C) No. 14852 of 2017 are persons of Kerala origin in terms of the prospectus. It is seen that the first petitioner in W.P.(C) No. 11926 of 2017 who is the father of the candidate, the second petitioner, is an Army Officer. The parents of the first petitioner are persons born in Kerala. The first petitioner was born at Mumbai when his father was working at Mumbai. It is seen that the first petitioner came to Kerala during 1974 when his father was relocated in Kerala and he was living in Kerala until he was selected for appointment in the Indian Army during 1987. The first petitioner was working thereafter at various places in the country on account of the requirements of his employment and the second petitioner was born when the first petitioner was residing outside Kerala. It is also seen that the first petitioner has landed properties in Kerala. The materials on record indicate that the mother of the second petitioner is also a person born to parents who were born and brought up in Kerala. The mother of the second petitioner was also born outside Kerala at a time when her father who was an Air Force officer was working outside Kerala. As far as the petitioner in W.P.(C) No. 14852 of 2017 is concerned, it is seen that her parents are children born to persons who were born and brought up in Kerala. The father of the petitioner in the said case has landed properties in Kerala and she had her schooling in Kerala till 2010. Ext. As far as the petitioner in W.P.(C) No. 14852 of 2017 is concerned, it is seen that her parents are children born to persons who were born and brought up in Kerala. The father of the petitioner in the said case has landed properties in Kerala and she had her schooling in Kerala till 2010. Ext. P6 is the nativity certificate issued to the petitioner by the competent authority stating that she is a native of Ernakulam District in the State. It is seen that the paternal grandfather of the petitioner therein was an Army Officer and the father of the petitioner was born outside Kerala when his father was working outside Kerala. The mother of the petitioner was also born at a point of time when her father who was a Doctor was working at Vellore. Likewise, the petitioner was also born at Vellore when her mother was residing with her parents at Vellore. The materials on record are sufficient to hold that the second petitioner in W.P.(C). No. 11926/2017 and the petitioner in W.P.(C). No. 14842/2016 are persons of Kerala origin who are entitled to be considered for allotment of seats for MBBS course. In the result, the writ petitions are allowed and it is declared that clause 6.1.1(a) which deprives candidates of Kerala origin, who or either of their parents are not born in Kerala, opportunity to participate in the allotment process for admission to MBBS course in the State intended for candidates of Kerala origin, is arbitrary and discriminatory. It is also declared that the petitioner in W.P. (C) No. 14852 of 2017 and the second petitioner in W.P.(C) No. 11926 of 2017 would fall under the category 'Keralite' as specified in the prospectus published by the Commissioner for Entrance Examinations for allotment of seats for admission to M.B.B.S. Course for the current year and they are entitled to be treated as 'Keralite' for the said purpose. Petition Allowed