IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 17547 of 2010(P) -------------------------- PETITIONER(S): --------------------- ANJU M.THOMAS, PARAPPATHIL, VELLOR.P.O, PAMBADY, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT(S): ----------------------- 1. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADHARSHANI HILLS (PO), KOTTAYAM DISTRICT, PIN-686 560. 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADHARSHANI HILLS (PO), KOTTAYAM DISTRICT, PIN-686 560. 3. THE PRINCIPAL, PUSHPAGIRI COLLEGE OF NURSING, THIRUVALLA, PATHANAMTHITTA DISTRICT. SRI.T.A.SHAJI, SC FOR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17547 OF 2010 (P) ===================== Dated this the 30th day of August, 2010 J U D G M E N T The challenge in the writ petition is against Ext.P5, an order passed by the respondent University rejecting an application made by the petitioner for the grant of an eligibility certificate. According to the petitioner, she completed her 12th grade Diploma from St.Mary's College Preparatory High School, New York, the certificate of which is Ext.P1. It is stated that as certified in Ext.P2, the said qualification enables the petitioner to seek admission for B.Sc Nursing. 2. Petitioner submits that accordingly she secured admission in the Pushpagiri College of Nursing and that thereupon she made application to the University for the issuance of an eligibility certificate. By Ext.P5 order, her application was rejected on the ground that the petitioner has not studied Chemistry and Biology in Grade XI and Physics, Chemistry and Biology in Grade XII. It is this order which is under challenge. Petitioner relies on Exts.P6, P8 and P9 to substantiate her contention that she has studied the subjects mentioned above. According to the WPC No. 17547/10 :2 : petitioner, in view of the aforesaid documents, the conclusion arrived at by the University in Ext.P5 order is incorrect. 3. Obviously, while passing Ext.P5 order, Exts.P6, P8 and P9 were not available with the University, and therefore, it was without considering those documents, the University has passed the impugned order. In my view, it is for the University to peruse the documents now relied on by the petitioner and to come to a decision as to whether the petitioner has studied the subjects mentioned in Ext.P5. 4. Having regard to the above, I quash Ext.P5 and direct that the petitioner shall produce a copy of this judgment along with a copy of this writ petition accompanied by the documents referred to above before the 1st respondent. It is directed that on the production of such documents, the University shall reconsider the request of the petitioner for eligibility certificate and pass fresh orders in the matter. 5. Having regard to the fact that the examination of 1st year B.Sc Nursing is to commence soon, it is directed that the decision as above shall be taken before the commencement of the examination so as to enable the petitioner to appear for the WPC No. 17547/10 :3 : examination, in the event the University agrees to her request. 6. Petitioner is directed to produce a copy of this judgment before the 1st respondent on or before 2nd of September, 2010. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp