IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 23962 of 2011(U) -------------------------- PETITIONER(S): ----------------------- MANJU MOL JACOB, EARATHU HOUSE, VANNAPPURAM P.O., KOOVAPPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. 3. JOINT DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23962/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE DECLARING HER TO HAVE COMPLETED THE VHSE EXAM ALONG WITH THE MARK SHEET. EXT.P2: TRUE COPY OF THE RELEVANT APGE OF THE PROSPECTUS FOR ADMISSION TO THE PROFESSIONAL DIPLOMA COURSE 2010 (PHARMACY, HEALTH INSPECTOR AND PARAMEDICAL COURSES). //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23962 OF 2011 ===================== Dated this the 27th day of September, 2011 J U D G M E N T Petitioner applied for admission to D.Pharm Course for the academic year 2011. However, her application was rejected stating that as per the prospectus, persons who have completed VHSE before 1994 are ineligible. It is thereupon that the writ petition has been filed praying to direct the respondents not to deny admission to the petitioner for the reason that she has not passed VHSE in the 1994-95 session. 2. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, the petitioner has joined the VHSE course in the academic year 1993- 94 and completed the two year course. It is stated that only those VHSE students who have commenced their course during the academic year 1994-95 alone are eligible for admission to D.Pharm Course. 3. The eligibility of a student for admission depends upon the terms of the prospectus, a copy of which is Ext.P2. The relevant paragraph of Ext.P2 reads thus:- WPC No. 23962/11 :2 : 6.2.1. DPharm (PH) Candidates who have passed the Higher Secondary Examination of the Kerala state with Physics, Chemistry and Biology/ Mathematics/ Biotechnology/ Computer Science as Optional subjects or equivalent thereto are eligible OR VHSE of Kerala from 1994-1995 sessions with group A and B only are considered as equivalent exam for admission to DPharm Course (Group A-NCERT syllabus in Physics, Chemistry and Mathematics/ Biotechnology/Computer Science; Group B-NCERT syllabus in Physics, Chemistry and Biology) 4. A reading of this paragraph shows that only VHSE students of Kerala from the 1994-95 session satisfying other conditions alone are eligible for admission. In this case, from the submissions made by both parties itself, it is obvious that the petitioner joined the course in the academic year 1993-94. In such a situation, going by the terms of the prospectus, the petitioner is ineligible for admission. If that be so, the rejection of her candidature cannot be faulted. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp