IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21161 of 2008(T) PETITIONER: V.G.ROSHNI, D/O.VALSARAJ, NIJIN, TC.12/1256/3, LAW COLLEGE JN., VANCHIYOOR PO., THIRUVANANTHAPURAM, REP. BY HER FATHER R.VALSARAJ, NIJIN, TC.12/1256/3, LAW COLLEGE JN., VANCHIYOOR PO., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: 1. STATE OF KERALA, REP. BY ITS SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 3. STATE COMMISSIONER, STATE COMMISSIONERATE FOR PHYSICALLY DISABLED PERSONS, ROOM NO.113, SECRETARIAT ANNEX, THIRUVANANTHAPURAM. 4. MEDICAL COUNCIL OF INDIA, ASWIN-E, GHALIB MARG, KOLLA ROAD, OPP.I.T.O., NEW DELHI-110 002. 5. UNION OF INDIA, REP. BY ITS SECRETARY EDUCATION DEPARTMENT, NEW DELHI. BY ADV. SRI. I.V. PRAMOD, GOVERNMENT PLEADER SRI. ALEXANDER THOMAS SRI. P. PARAMESWRAN NAIR, ASST. SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 21161 OF 2008 ==================== Dated this the 14th day of July, 2008. J U D G M E N T The petitioner is an applicant for admission to MBBS Course this year in the quota prescribed for persons with disability. Petitioner's contention is that although the petitioner has not secured the minimum qualification for admission, namely, 50% marks in the common Entrance Examination, since, for Scheduled Castes and Scheduled Tribes, the minimum prescribed is only 40%, the persons with disabilities should also be given such benefit of reduced qualifying marks. I have considered exactly the same question last year in W.P.(C).No.22927/2007, in which the following judgment was passed. “The petitioner challenges the cut of marks of 50 per cent to be secured by the physically handicapped candidates in the entrance examination for becoming eligible for admission to medical degree courses in Kerala. This Court has repeatedly held that in order to ensure that only competent persons come out of the medical colleges with a degree to treat the public, it is necessary to lay down very strict eligibility criteria for admission to medical colleges. The prescription of 50 per cent mark for physically handicapped persons in the entrance examination cannot, by any stretch of imagination, be held to be arbitrary. Therefore, I do not find any merit in the writ petition and accordingly the same is dismissed.” W.P.(C).No. 21161 OF 2008 2 In any event the minimum eligibility criteria including that for the Scheduled Castes and Scheduled Tribes are fixed by the Medical Council of India which cannot be lowered by the State which is the law as laid down by the Supreme Court. In the above circumstances, following the above judgment this writ petition is dismissed. S.SIRI JAGAN, JUDGE bkn/-