High Court Kerala High Court

Aswathy P.V vs State Of Kerala on 22 November, 2007

Kerala High Court
Aswathy P.V vs State Of Kerala on 22 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34522 of 2007(I)


1. ASWATHY P.V.,
                      ...  Petitioner
2. BINDU K.GEORGE,
3. MARY HIMA K.V.,
4. MARY PRINCY M.P.,
5. MELVIN MARY A.A.,
6. PREETHY ABRAHAM,
7. ROSE MARY A.R.,
8. SHEMLA CORREYA,
9. BEJEENI BABY,
10. ASWATHI K.B.,
11. THAZNEEM K.M.,
12. RAJEETHA RAVINDRAN,
13. EMY VARGHESE,
14. SURESH M.S.,
15. CHRIS CYRUS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. ST. JOSEPH TEACHERS TRAINING INSTITUTE

5. NATIONAL TEACHERS TRAINING INSTITUTE,

6. ASSISSI TEACHERS TRAINING INSTITUTE,

7. REGIONAL DIRECTOR,

                For Petitioner  :SRI.J.JULIAN XAVIER

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :22/11/2007

 O R D E R
                   ANTONY DOMINIC, J.

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              W.P.(C) No.34522 OF 2007 I
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           Dated this the 22nd November, 2007

                    J U D G M E N T

The challenge in this writ petition is against

Ext.P7, which has been issued by the 1st respondent in

pursuance to the direction of this court in Ext.P6

judgment.

2. The facts of the case are that though the

petitioners are students, who did not have 50% marks to

be admitted for TTC, they were admitted inspite of

their ineligibility. Writ petition was filed by

similarly situated students claiming that irrespective

of their ineligibility to be admitted, they should be

allowed to continue the course. That was the issue

that was considered in Ext.P6 judgment, where this

court has already held that no direction as sought for

could be granted. But however, it was ordered that

Government will consider whether relaxation should be

sought for from the 7th respondent reducing the minimum

eligibility fixed. This issue has been considered by

W.P.(C) No. 34522 OF 2007 2

the Government and by the impugned order, Government

decided that the minimum eligibility will continue to

be 50% and that relaxation need not be sought for. It

is this order, which is challenged in this writ

petition.

3. As already noticed, the claim for relaxing the

minimum mark to make the students eligible to seek

admission has already been considered by this court and

negatived in Ext.P6. In the light of Ext.P6, the

petitioners are not entitled to get the prayer sought

for in this writ petition. Further, now that the

Government has decided not to reduce the eligibility

criteria, one cannot take any exception to such a

policy decision.

I do not find any merit in this writ petition and

it is dismissed.

ANTONY DOMINIC
JUDGE
Rp/-