Eveline Maria Jose vs Amala Institute Of Medical … on 23 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21780 of 2008(P)


1. EVELINE MARIA JOSE, MINOR, REP. BY
                      ...  Petitioner

                        Vs



1. AMALA INSTITUTE OF MEDICAL SCIENCES,
                       ...       Respondent

2. JUBILEE MISSION MEDICAL COLLEGE AND

3. MALANKARA ORTHODOX SYRIAN CHURCH

4. PUSHPAGIRI INSTITUTE OF MEDICAL

5. UNIVERSITY OF CALICUT, REP. BY

6. MAHATMA GANDHI UNIVERSITY REP. BY ITS

7. ADMINISTRATIVE SUPERVISORY COMMITTEE

8. COMMISSIONER OF ENTRANCE EXAMINATIONS

9. STATE OF KERALA, REP. BY SECRETARY

10. MEDICAL COUNCIL OF INDIA, NEW DELHI, REP

                For Petitioner  :SRI.CIBI THOMAS

                For Respondent  :SRI.ALEXANDER THOMAS, SC, MCI

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/07/2008

 O R D E R
                                S. Siri Jagan, J.
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                       W. P (C) No. 21780 of 2008
                =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                    Dated this, the 23rd     July, 2008.

                               J U D G M E N T

The petitioner is an aspirant for admission to a self-financing

Medical College. The admission to that college was as per Ext. P3

prospectus. The petitioner applied pursuant to that prospectus.

According to the petitioner, the petitioner has got all the

qualifications prescribed for admission as per Ext. P3. But the

petitioner was denied admission on the ground that the petitioner did

not have 50% marks in the common entrance test conducted by the

Commissioner of Entrance Examination. According to the petitioner,

in Ext. P3, 50% marks in CET was not an eligibility criteria prescribed

and therefore the 3rd respondent could not have insisted on the same

as an eligibility criterion for admission.

The question as to whether Ext. P3 prescribes 50% marks in the

CET as an eligibility criteria was considered by me in W.P(C) No.

21998/2008. In that writ petition, I came to the conclusion that in

view of the specific prescription in Ext. P3 that the norms of eligibility

prescribed by the MCI and respective Universities will also be

applicable for this admission, the eligibility condition prescribed by

the MCI is also applicable for Ext. P3, which includes minimum 50%

marks in Common Entrance Test. The same applies squarely to this

case also. In fact, the admission sought for in this case is also to the

same college as in the other writ petition. Therefore, following that

judgment, this writ petition is dismissed. Needless to say, if any of

the respondents takes any steps contrary to the provisions in Ext. P3

for making admission to the course, it would be open to the petitioner

to approach this Court for appropriate reliefs.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]
P.S to Judge.