High Court Kerala High Court

Libin.A.P. vs State Of Kerala on 8 December, 2010

Kerala High Court
Libin.A.P. vs State Of Kerala on 8 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36214 of 2010(B)


1. LIBIN.A.P., S/O.PAPPACHAN A.T.,
                      ...  Petitioner
2. SHINTO KURIAN, S/O.KURIAN JOSEPH,

                        Vs



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

2. THE DIRECTOR OF AYURVEDA MEDICAL

3. NAGARJUNA AYURVEDA INSTITUTE

                For Petitioner  :SRI.K.J.SAJI ISAAC

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :08/12/2010

 O R D E R
                        ANTONY DOMINIC, J.
                      ================
                    W.P.(C) NO. 36214 OF 2010
                 =====================

           Dated this the 8th day of December, 2010

                           J U D G M E N T

Pursuant to Ext.P3 prospectus, petitioners applied and got

selected and joined the course of Ayurveda Therapist in the 3rd

respondent College. By Ext.P4, Government rejected approval of

their admission on the ground that the petitioners did not satisfy

the eligibility criterion laid down in the prospectus. According to

the petitioners, they having secured more than 50% marks

specified in the prospectus, the stand taken in Ext.P4 is erroneous

and therefore the writ petition is filed challenging Ext.P4 and

seeking consequential reliefs.

2. On instructions, learned Government Pleader points

out that as per Clause 1 of Ext.P3 Prospectus, candidates

belonging to State of Kerala and who have passed SSLC or an

equivalent examination with 50% marks (C+ Grade) having

eligibility to undergo +2 or equivalent courses are eligible for

admission. It is stated that petitioners did not satisfy neither the

percentage requirement nor the C+ grade specified in Ext.P3. It

is further submitted that way back on 7/6/2010, the 2nd

WPC No. 36214/10
:2 :

respondent had issued communications requiring the colleges to

remove ineligible students, who were enrolled and it was despite

the above that the petitioners continued the course.

3. If as stated by the learned Government Pleader,

petitioners do not satisfy the 50% and C+ Grade laid down in

Ext.P3, the petitioners cannot find fault with Ext.P4 for the reason

that they are ineligible. In view of the submission thus made by

the learned Government Pleader and as there is nothing to

contradict the said submission, I do not find any substance in the

challenge against Ext.P4.

Writ petition is dismissed.

ANTONY DOMINIC, JUDGE
Rp