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2025 DIGILAW 1186 (KER)

Parvathy. D. D/o. Dileep Kumar. S v. S. N. Trusts Medical Mission

2025-05-13

N.NAGARESH

body2025
JUDGMENT : N.NAGARESH, J. The petitioner, who is an applicant for B.Sc Nursing Course conducted by the 1 st respondent-Institution, is before this Court seeking to direct respondents 1 to 3 to give admission to the petitioner for the Course B.Sc Nursing for the year 2024-2025 under NRI quota. 2. The petitioner applied for admission to the 1 st respondent-Institution for the B.Sc Nursing Course 2024- 2025 pursuant to Ext.P1 Notification dated 11.06.2024. The 1 st respondent offered an NRI seat to the petitioner. The petitioner submitted Ext.P2 application. However, the petitioner was informed that they are unable to give admission for the reason that she does not have 50% marks in English. 3. The petitioner states that as per Ext.P5 Indian Nursing Council (Revised Regulations and Curriculum for B.Sc (Nursing) Program) Regulations, 2020, the candidates must have obtained a minimum of 45% marks in Physics, Chemistry and Biology taken together and passed in English individually. As per Ext.P6 Course Regulations issued by the 5 th respondent-Kerala University of Health Sciences, the eligibility for admission to B.Sc Nursing Course is as stipulated by the Apex Council. 4. Ext.P7 Notification dated 15.05.2024 issued by the Director of Medical Education prescribes that applicants for B.Sc Nursing must have successfully completed the Higher Secondary Examination with 50% aggregate for Physics, Chemistry and Biology. However, the petitioner was declined admission holding that she has not secured 50% marks in English. 5. The petitioner hence filed W.P.(C) No.27946/2024 and pursuant to Ext.P9 interim order dated 22.10.2024 of this Court, the 1 st respondent considered the issue and passed Ext.P10 order rejecting admission stating that the rank of the petitioner is 10 in the list of candidates for being earmarked under NRI quota. 6. The petitioner states that the rank list prepared by respondents 1 to 3 is not in accordance with the Regulations governing the field. According to the petitioner, on the basis of the marks obtained by her for subjects Physics, Chemistry and Biology, she must be placed as rank No.9 and given admission. 7. Respondents 1 to 3 contended that as per Ext.P1 Prospectus issued by the 1 st respondent, the eligibility is stated as not less than 50% marks each in Physics, Chemistry, Biology and English. The said eligibility criteria is approved by the Admission Supervisory Committee. The petitioner has not challenged the order granted by the Admission Supervisory Committee. 7. Respondents 1 to 3 contended that as per Ext.P1 Prospectus issued by the 1 st respondent, the eligibility is stated as not less than 50% marks each in Physics, Chemistry, Biology and English. The said eligibility criteria is approved by the Admission Supervisory Committee. The petitioner has not challenged the order granted by the Admission Supervisory Committee. For the subjects Physics, Chemistry, Biology and English, the petitioner has got an average of 60.87% marks only, whereas the 7 th respondent secured 66% marks. Therefore, the 7 th respondent was selected. 8. Respondents 1 to 3 argued that the petitioner applied for accepting the Notification conditions without challenging the same and after rejection of application, the petitioner cannot challenge the admission criteria. According to respondents 1 to 3, LBS Notification for Nursing admission also gives the eligibility criteria as 50% marks for the subjects Physics, Chemistry, Biology and English. The petitioner has only 40% marks in English. Hence, the writ petition is liable to be dismissed. 9. The 6 th respondent-Indian Nursing Council, however, filed counter affidavit stating that English, though a compulsory subject, is not to be included while calculating the aggregate. 10. I have heard the learned counsel for the petitioner, the learned counsel representing respondents 1 to 3, the respective learned Standing Counsel representing respondents 4 to 6 and the learned counsel appearing for the 7 th respondent. 11. The petitioner has been denied admission to B.Sc Nursing Course in the 1 st respondent-Institution under NRI quota on the ground that the petitioner has not secured 50% marks in English. Ext.P4 Prospectus issued by the 1 st respondent stipulates that only those candidates, who have passed Higher Secondary Examination with aggregate 50% marks in Physics, Chemistry and Biology and 50% marks in English in Second Year, are eligible for admission. 12. This admission criteria appears to be approved by the 4 th respondent-Admission and Fee Regulatory Committee for Medical Education in Kerala. The said stipulation goes against Ext.P6 Regulations 2021 issued by the Indian Nursing Council which only requires a pass in the English Examination. Ext.P6 Regulations issued by the Kerala University of Health Sciences provide that the eligibility for admission to B.Sc Nursing Course shall be as stipulated by the Apex Council. Therefore, insisting on 50% marks in English is unjustified. 13. Ext.P6 Regulations issued by the Kerala University of Health Sciences provide that the eligibility for admission to B.Sc Nursing Course shall be as stipulated by the Apex Council. Therefore, insisting on 50% marks in English is unjustified. 13. However, the pleadings in the writ petition would indicate that the classes for B.Sc Nursing have started on 04.11.2024. The last date for admission to the Course was 13.09.2024. The writ petition was filed only on 28.11.2024. The counsel for the 1 st respondent would state that 420 hours of classes are already over. The petitioner has applied pursuant to Ext.P4 Notification which stipulated that the petitioner should have 50% marks in English in Second Year. The petitioner has applied for the Course pursuant to the said Prospectus and the petitioner has approached this Court after rejection of the application. In the afore circumstances, I do not find this writ petition as a fit case to grant any relief to the petitioner in exercise of the powers under Article 226 of the Constitution of India. The writ petition is therefore dismissed.