IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 21232 of 2009(Y) -------------------------- PETITIONER(S): --------------- SAM SUNNY, S/O.SUNNY, KANDIRICKAL HOUSE, MYLACOMBU P.O., THODUPUZHA. BY ADV. SRI.T.J.MICHAEL SRI.JOSE MATHEW RESPONDENT(S): --------------- 1. COMMISSIONER OF ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. CHAIRMAN, INDIAN DENTAL COUNCIL, AIWANE-GALIB MARG NEW DELHI-110 002. 3. REGISTRAR, MAHATMA GANDHI UNIVERSITY, AARPPOKKARA, KOTTAYAM. R1 BY GOVERNMENT PLEADER SRI.P.NARAYANAN R3 BY SRI.T.A.SHAJI - SC FOR MG UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.21232 of 2009 ---------------------------------------- Dated this the 28th day of July, 2009. JUDGMENT The petitioner, an Indian citizen, after having studied upto 10th standard in Kerala had thereafter continued his education in USA wherein he passed grades 9, 10, 11 and 12 in the Yonkers High School, New York. He had graduated from the school in 2005. After 12th grade, he studied a preparatory course in Biomedical Sciences in New York having Chemistry, Physics and Biological Sciences as part of the curriculum and passed the said examination. A degree in Bio-medical sciences is an eligible qualification for joining professional courses in medical sciences and this is evidenced by Ext.P2. 2. The petitioner then returned to India and wished to join BDS in a college under the Mahatma Gandhi University. He applied for admission to a Dental College, 'Al Ahzar' Dental College in W.P.(C).No.21232 of 2009 :: 2 :: Thodupuzha. Apparently, the University raised objection to the petitioner being considered for admission on the ground that he has not obtained 50% marks in physics, chemistry and biology. This is evidenced by Ext.P5 memo issued by the Mahatma Gandhi University. The same reads as follows: “With reference to the above Sri.Sam Sunny is informed that, as per University regulation for admission to BDS Course, the candidate shall have obtained not less than 50% of the aggregate marks in Physics, Chemistry and Biology taken together, at the plus two examination. Since the candidate has not studied Physics, Chemistry and Biology at the plus two level, his application for eligibility certificate for seeking admission to BDS Course is rejected.” This is under challenge in this writ petition. 3. It is pointed out by the learned counsel for the University that the question is whether the petitioner has obtained 50% aggregate in the subjects physics, chemistry and biology in the qualifying examination, which is one of the W.P.(C).No.21232 of 2009 :: 3 :: requirements as per the regulation framed by the University. Since admittedly, the petitioner has not secured the requisite marks and the percentage in the course subjects, there is no error in the stand taken by the University as evidenced by Ext.P5. The writ petition is bereft of merits and the same is accordingly dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge