Jacob J. vs State Of Kerala on 22 August, 2007

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Kerala High Court
Jacob J. vs State Of Kerala on 22 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2094 of 2007()


1. JACOB J., AGED 18 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. COMMISSIONER OF ENTRANCE EXAMINATIONS,

3. MEDICAL COUNCIL OF INDIA,

4. PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,

5. PRINCIPAL,

                For Petitioner  :SRI.GEORGE ABRAHAM

                For Respondent  :SRI.ALEXANDER THOMAS, SC, MCI

The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :22/08/2007

 O R D E R
              K.S.RADHAKRISHNAN & V.K.MOHANAN, JJ.
                    ------------------------------------------
                           W.A.No.2094 of 2007
                ------------------------------------------
                Dated, this the 22nd day of August, 2007

                              JUDGMENT

Radhakrishnan, J.

We find no error in the view expressed by the learned Single

Judge. All the same, the appellant puts up a claim on the basis of

the Dental Council of India, B.D.S. Course Regulations, 1996.

Learned counsel appearing for the appellant states that as per the

said Regulations a candidate for admission to the Dental Course

must have obtained not less than 55% of the total marks in Science

subjects (Physics, Chemistry & Biology) taken together (i) at the

qualifying (or at a higher examination) in the case of dental colleges

where the admissions are made on the basis of marks obtained at

these examinations or (ii) 55% of the total marks in Science subjects

(Physics, Chemistry & Biology) taken together at the competitive

entrance examination where such examinations are held for

selection. According to the learned counsel, in so far as the

appellant is concerned, he has satisfied the first condition and the

second is only an alternative. However, it is for the authorities to

consider as to whether the distinction made by the Dental Council

can be made applicable to persons like the appellant who claims to

be an outstanding sportsman. The appellant has also made

Annexure A representation before the first respondent. The first

W.A.No.2094/2007
2

respondent shall take note of the same and pass appropriate orders

in accordance with law, within a period of one month from the date

of receipt of a copy of this judgment.

Writ appeal is disposed of as above.

K.S.RADHAKRISHNAN, JUDGE

V.K.MOHANAN, JUDGE
vns

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