IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 W.P(C).No. 1773 of 2008(J) -------------------------------- PETITIONER: -------------- GISHA JOSEPH (SR.LISVAN (SN), D/O. JOSEPH, STUDENT, 2ND YEAR GENERAL NURSING AND MIDWIFEY COURSE, MORNING STAR SCHOOL OF NURSING, ADIMALI, IDUKKI DISTRICT. BY ADV. SRI.VIJU ABRAHAM SRI.RAINGE KODUVATH SRI.JOY C. PAUL SMT.M.SRUTHY RESPONDENTS: ----------------- 1. REGISTRAR, KERALA NURSES AND MIDWIFEY COUNCIL, THIRUVANANTHAPURAM. 2. PRINCIPAL, MORNING STAR SCHOOL OF NURSING, ADIMALI, IDUKKI DISTRICT. BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 1773 OF 2008 J ===================== Dated this the 22nd day of January, 2008 J U D G M E N T Petitioner had passed 10 + 2 examination with 43.67% of marks. As is evident from Ext.P4, the eligibility criteria laid down by the Indian Nursing Council and the Regulations of the 1st respondent, the minimum eligibility is pass in 10 + 2 or its equivalent with 45% marks for general candidates. Since the petitioner, a general candidate, admittedly does not possess this, the decision of the respondents not to permit the petitioner to continue the General Nursing and Mid Wifery Course or to permit her to appear for the examinations cannot be faulted. 2. Petitioner then submits that Ext.P1 representation has been made to the Registrar of the 1st respondent. Standing counsel for the 1st respondent points out that minimum eligibility of 45% has been set by the Council itself and therefore it will not WPC 1773/08 :2 : be possible for the Registrar to dilute such minimum eligibility fixed by the Council. It is also pointed out that the Regulations framed by the Council have been approved by the Government of Kerala as required under Section 36(1) of the Nurses and Midwives Act, 1953. In view of this it is not within the domain of the Registrar to modify the eligibility set by the Council and hence I am not inclined to direct the Registrar to consider Ext.P1 representation. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE. Rp