Kerala High Court
Manju Mol Jacob vs State Of Kerala on 27 September, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 16TH DAY OF JANUARY 2013/26TH POUSHA 1934
WA.No. 8 of 2013 () IN WP(C).23962/2011
----------------------------------------
AGAINST THE JUDGMENT IN WP(C).23962/2011 DATED 27-09-2011
APPELLANT/PETITIONER:
---------------------------------
MANJU MOL JACOB,
EARATHU HOUSE, VANNAPPURAM P.O., KOOVAPPURAM.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.)
SRI.S.SUJIN
SMT.NITA.N.S.
RESPONDENTS/RESPONDENTS:
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1. STATE OF KERALA-
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN -695001.
2. DIRECTOR OF MEDICAL EDUCATION
MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM-695011.
3. JOINT DIRECTOR OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM.-695011.
BY SPECIAL GOVT. PLEADER SMT.GIRIJA GOPAL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-01-2013, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR, C.J. & K. VINOD CHANDRAN, J.
---------------------------------------------------- W.A. No.8 of 2013
---------------------------------------------------- Dated this the 16th day of January, 2013 Judgment Vinod Chandran, J.
The appellant is aggrieved by the judgment of the learned Single Judge by which the stand of the authorities rejecting admission to the appellant for the D. Pharm course on the ground that the prospectus disqualifies persons who have completed Vocational Higher Secondary Examination (VHSE) before 1994- 1995, was upheld. Admittedly, the appellant had undertaken the course of VHSE in the years 1993-94 and 1994-95. The notification provides an alternative qualification with respect to the VHSE of Kerala from 1994-95 session with group A and B, being considered as equivalent exam for admission to D.Pharm course. The sylabbi is specified as hereunder:
Group A - NCERT syllabus in Physics, Chemistry and Mathematics/Biotechnology/Computer Science; Group B - NCERT syllabus in Physics, Chemistry and Biology.
2. Learned counsel for the appellant would submit that in the former portion where the Higher Secondary Examination is W.A.8/13 2 prescribed, it is only specified that the candidates should have passed Higher Secondary Examination. The qualification with respect to VHSE also should be taken as "having passed" in the year 1994-95. We are unable to interpret the clause in such a manner in the light of clause 6.2.1 of the prospectus. According to us, the only interpretation could be that only those candidates who have completed their VHSE course having commenced the same in 1994-95 are eligible. The said stipulation has a direct nexus to the sylabbi prescribed for VHSE from the year 1994-95, which in the opinion of the competent authority can be equalised with HSE. Prescription of essential qualification for higher studies is within the exclusive domain of academicians and Courts cannot be interfering in the same. In that view of the matter, the judgment of the learned Single Judge does not call for any interference. The Writ Appeal is accordingly dismissed.
MANJULA CHELLUR, CHIEF JUSTICE.
K. VINOD CHANDRAN, JUDGE.
srd