Anju V.J. and Others v. The Director of Medical Education, Thiruvananthapuram, and Others

## IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY,THE 30TH DAY OF AUGUST 2018 / 8TH BHADRA, 1940 ## WP(C).No. 20824 of 2018 ## PETITIONER/S: 1 ANJU V.J AGED 23 YEARS VETTULLIL HOUSE,KUZHIYARA.P.O,CHOTTANIKKARA,ERNAKULAM DISTRICT(GPAT ROLL NO.4780105433) 2 ATHIRA.K KADUNGANARI HOUSE,VELIMUKKU.P.O,MALAPPURAM DISTRICT(GPAT ROLL NO.4800124470). 3 DHANUSREE.A.S SUNITHALAYAM,PUNUKKONNOOR,PEERUMPUZHA.P.O,KOLLAM DISTRICT.(GPAT ROLL NO.4800123037). 4 NEENU.C.M CHERUVATTUR MANNARAKKAL HOUSE,VAZHAKKAD.P.O,MALAPPURAM DISTRICT.(GPAT ROLL NO.48101206188). 5 CHAITHANYA.A.V CHAIVIHARA,NEAR GOVERNMENT HOSPITAL,PAYYANNUR,KANNUR DISTRICT.(GPAT ROLL NO.4800116900). BY ADVS. SRI. T.G. RAJENDRAN SMT. ANN SUSAN GEORGE SRI. T.R. TARIN SRI. V.A. VINOD ## RESPONDENT/S: 1 THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM-695001. 2 THE JOINT SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT,THIRUVANANTHAPURAM-695001. **2** WP(C).No. 20824 of 2018 and conct. Case 3 MEMBER SECRETARY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,NEW DELHI110001. 4 THE COMMISSIONER OF ENTRANCE EXAMINATIONS GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695001. BY ADV. GOVERNMENT PLEADER V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.08.2018, ALONG WITH w.p.(c) NO.22871 OF 2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **3** WP(C).No. 20824 of 2018 and conct. Case ## **JUDGMENT** These writ petitions are filed with regard to the eligibility of the petitioners for admission to M.Pharm courses in the state of Kerala in terms of the GPAT (Graduates Pharmacy Aptitude Test) 2017 score secured by the petitioners. The petitioners, who had passed their B.Pharm courses are aspirants for admission to M.Pharm. The petitioners contend that they had passed the GPAT test and have found a place in the GPAT merit list for the year 2017. It is stated that the revised merit list specifically provided that the score would be valid for a period of three years. The petitioners contend that the prospectus issued for admission to M.Pharm courses had a provision that the selection to M.Pharm courses would be based on the rank of the qualified candidates in GPAT 2018 and subject to other eligibility criteria prescribed in the prospectus. It is further stated those who are not qualified in GPAT 2018 are not eligible for admission. It is stated that the petitioners had immediately approached the Government pointing out that their GPAT scores were valid for a period WP(C).No. 20824 of 2018 and conct. Case **4** of three years and therefore they should also be considered for admission for the M.Pharm courses. **==> picture [447 x 12] intentionally omitted <==** petitioners that the AICTE having specifically made it clear that the GPAT 2017 score would be valid for a period of three years, the petitioners who had a valid GPAT score in respect of the examination taken in 2017 would also be entitled for admission in terms of the prospectus, taking note of the 2017 scores. The learned counsel for the petitioners would place reliance on the decisions of the Apex Court in _**State of Tamil Nadu and Another v. Adhiyaman Educational and Research Institute and Others (1995 (4) SCC 104) and Parshavanath Charitable Trust and Others v. All India Council for Tech.Edu**_ _**and Others (2013(3)SCC 385)**_ . It is contended that the eligibility for admission to technical courses are to be as prescribed by the AICTE and that the State Government has no power to depart from the eligibility conditions as prescribed by AICTE. It is stated that the AICTE having prescribed the validity of three years for the GPAT score of 2017, the state Government has no authority to depart from the said provision and to require that the GPAT score for 2018 alone will be taken note of for admission to M.Pharm. WP(C).No. 20824 of 2018 and conct. Case **5** 3. A statement has been filed on behalf of the Commissioner of Entrance Examinations contending that the prospectus specifically provided that the selection of candidates would be based on the rank of the candidates in the Graduate Pharmacy Aptitude Test 2018 and further that those who are not qualified in GPAT 2018 will not be eligible for admission. It is contended that there is no provision in law by which the test conducted by the AICTE is automatically made applicable for the purpose of selection for M.Pharm course. It is submitted that it is for the Government to formulate modalities for admission to the M.Pharm course. 4. The learned counsel appearing for the AICTE would also support the stand taken by the Government. It is submitted by the learned Standing Counsel that the AICTE has not prescribed any minimum eligibility conditions for admission to M.Pharm courses. It is submitted that it is open for the State Government to formulate the modalities for the purpose of admission. It is stated that the State Government is free to adopt the GPAT test conducted by the AICTE as a qualifying examination for the purpose of admission for M.Pharm as well. It is submitted that the State Government, in exercise of the powers conferred on it, has issued the **6** WP(C).No. 20824 of 2018 and conct. Case prospectus, specifically prescribing that the GPAT score, of the test conducted in 2018 alone will be the criterian for selection for M.Pharm courses. It is submitted by the learned counsel appearing for the AICTE that there is no illegality or violation of any statutory provision in the prescription of the GPAT 2018 as the eligibility condition for selection to M.Pharm courses. 5. I have considered the contentions advanced. It is the specific contention of the learned Government Pleader as well as the learned Standing Counsel for AICTE that the State Government was empowered to prescribe the criteria for selection for M.Pharm courses. The State Government in its wisdom has issued the prospectus specifically prescribing that GPAT score of the year 2018 would be the criteria on which admissions are made for the M.Pharm courses. In the above view of the matter, I am of the opinion that the contentions raised by the petitioners in these writ petitions that since their 2017 GPAT scores had a validity of three years, they are entitled to admission for M.Pharm is not liable to be accepted. The condition in the prospectus was specific that the 2018 GPAT score alone would be considered for admission. In the absence of any specific WP(C).No. 20824 of 2018 and conct. Case **7** condition that the GPAT score of the year 2017 would be applicable for admission to M.Pharm in the current year, I am of the opinion that the challenge raised against the provision of the prospectus has to fail. The writ pet itions fail and are accordingly dismissed. **Sd/-** ## **ANU SIVARAMAN** **Judge** **8** WP(C).No. 20824 of 2018 and conct. Case ## APPENDIX ## PETITIONER'S/S' EXHIBITS: |EXHIBIT P1|THE TRUE COPY OF THE SCORE CARD OF THE 1ST| |---|---| ||PETITIONER IN GPAT ROLL NO.4780105433| |EXHIBIT P2|THE TRUE COPY OF THE SCORE CARD OF THE 2ND| ||PETITIONER IN GPAT ROLL NO.4800124470| |EXHIBIT P3|THE TRUE COPY OF THE SCORE CARD OF THE 3RD| ||PETITIONER IN GPAT ROLL NO.4800123037| |EXHIBIT P4|THE TRUE COPY OF THE SCORE CARD OF THE 4TH| ||PETITIONER IN GPAT ROLL NO.4810126188| |EXHIBIT P5|THE TRUE COPY OF THE SCORE CARD OF THE 5TH| ||PETITIONER IN GPAT ROLL NO.4800116900| |EXHIBIT P6|THE TRUE COPY OF THE MESSAGE OF THE 3RD| ||RESPONDENT| |EXHIBIT P7|TRUE COPY OF THE REVISED LIST OF ALL INDIA| ||MERIT LIST PUBLISHED BY THE 3RD RESPONDENT| |EXHIBIT P8|COPY OF THE GOVERNMENT ORDER IN GO (RT)| ||1515/18/H & FWD DATED 5/5/2018| |EXHIBIT P9|THE TRUE COPY OF THE REPRESENTATION| ||SUBMITTED BY THE PETITIONERS THROUGH EMAIL| ||TO THE RESPONDENTS DATED 20/6/2018| |EXHIBIT P10|COPY OF THE COMMUNICATION INFORMED BY THE| ||3RD RESPONDENT IN THE WEB SITE DATED| ||11/8/2017| |EXHIBIT P11|COPY OF THE REPRESENTATION SENT BY THE 1ST| ||PETITIONER TO THE MINISTRY OF HEALTH DATED| ||18/8/2017|