IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 20399 of 2009(T) -------------------------- PETITIONER(S): --------------- KALANA NASREIN K., AGED 17 YEARS, REP. BY HER FATHER ABDUL KALAM, S/O.HASSAN, PODUKUDI HOUSE, POKRANTHOOR, KOZHIKODE DISTRICT. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. SRI. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.20399 of 2009 -------------------------- Dated this the 23rd July,2009 J U D G M E N T Petitioner has passed the Vocational Higher Secondary Examination. She had opted the subject Domestic Nursing Theory and Domestic Nursing Practical also as part of the course. The Vocational Higher Secondary Course is one of the streams treated as a qualifying examination for B.Sc Nursing. But the petitioner claims that either a specific number of seats may be reserved for persons who have passed Vocational Higher Secondary Examination or at least the some weightage must be afforded to persons who have undertaken VHSC with Nursing as one of the subjects. Issue was directed to be considered by this Court as per Ext.P4 judgment. Government considered the request and rejected the same as per Ext.P5 which is under challenge in this writ petition. Para 2 of Ext.P5 Government Order reads as follows: W.P ( C) No.20399 of 2009 2 “The prospectus for admission to professional degree courses in Nursing, Pharmacy and Para Medical streams have been approved by Government as per Government order read as 1st paper. The prospectus was prepared based on the recommendation of the Committee under the chairmanship of the Principal Secretary (Higher Education). While considering the criteria for admission to the above courses, the Committee have considered the request of the Director, VHSE as per the letter read as 3rd paper, for reservation of seats for VHSE students for admission to B.Sc Nursing course and decided that seats need not be reserved for any sector and separate weightage need not be given to any sector for admission to the above courses and that admission should be made based on the marks obtained in the qualifying examination after normalising the same in various streams of qualifying examinations such as ICSE, State Board , VHSE etc. The admission process for the above courses is in an advanced stage as per the approved prospectus and the last date for submission of application is over by 20.6.2009. 2. Learned counsel for the petitioner submits that since the Vocational Higher Secondary Course with emphasis on Nursing is acquired by the candidates, it is appropriate that weightage be granted or reservation be made in favour of students who passed the VHSC W.P ( C) No.20399 of 2009 3 Examination. Provision for reservation in favour of any particular stream or candidates who have passed the course are matters to be left to the domain of the Government. This court can only examine whether the provision for reservation as such is discriminatory or violative of any statutory provisions. No such infraction has been made out in this case. I do not find any reason to interference with Ext.P5 order. Writ petition is dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.20399 of 2009 4 W.P ( C) No.20399 of 2009 5