IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 28009 of 2009(U) --------------------------------------- PETITIONER: ------------------- ROSAMMA JACOB, PUTHEN PURAYIL, THENGAMPALLIL, FATHIMAPURAM P.O, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. MR.JOHNSON GOMEZ. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM- 686 560, REP.BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM- 686 560. 3. THE PRINCIPAL, MAHATMA GANDHI UNIVERSITY, COLLEGE OF TEACHER EDUCATION, PAIPPAD, CHANGANACHERRY – 686 537. R1 TO R3 BY MR. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C)No.28009 of 2009-U -------------------------------- Dated this the 6th day of October, 2009. JUDGMENT Heard Sri.Johnson Gomez, the learned counsel appearing for the petitioner and Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University. 2. The petitioner applied for admission to the B.Ed Degree course 2008-2009 in the College of Teacher Education, Paippad run by the Mahatma Gandhi University, pursuant to Ext.P1 prospectus issued by the Mahatma Gandhi University. She was given admission for the said course in the College of Teacher Education, Paippad. When the petitioner applied for registration to appear for the B.Ed degree examination commencing in October/November 2009, it was noticed that she was not eligible for admission to the B.Ed degree course. Thereupon Ext.P3 memo dated 30.9.2009 was issued by the Principal of the College informing her that she is ineligible for admission and therefore her admission for the B.Ed degree course stands cancelled. Ext.P3 is under challenge in this writ petition. 3. Ext.P1 prospectus issued by the Mahatma Gandhi University stipulates that the minimum requirement for admission to the B.Ed degree course is 45% marks in the aggregate for Part I, II and III. It is also stipulated that the candidate should have secured 45% marks in Part III subjects also. Though the petitioner had secured 45% marks in Part III subjects, she did not have 45% marks in the aggregate in Part I, II and III. She had secured only 42.81% marks in the aggregate in Part I, II and III taken together. It was overlooking this fact, that the petitioner has given admission for the B.Ed degree course. On the terms of Ext.P1 prospectus, which is not under challenge in this writ petition, the petitioner was ineligible for admission to the B.Ed degree course. In such circumstances, the stand taken by the Principal of the College in Ext.P3 memo that the petitioner was ineligible for admission to the B.Ed degree course cannot said to be arbitrary or illegal. The Apex Court has in M.G. University V. Gis Jose (2008(2) KLT 216) held that students admitted in breach of the rules, cannot be permitted to appear for the examination in violation of rules, on grounds of compassion. The petitioner has not produced any material to show that she fulfills the eligibility requirement set out in Ext.P1 prospectus. In such circumstances, I am of the opinion that the challenge to Ext.P3 is without any merit. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. Sd/- P.N.RAVINDRAN Judge //True Copy// ab PA to Judge