KadhrU R.S. v. State of Kerala and Others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 12TH DAY OF JUNE 2018 / 22ND JYAISHTA, 1940** **W.P(C).No.4383 of 2018** ## **PETITIONER** **KADHRU R.S., D/O. RAMABHADRAN PILLAI, AGED 22 YEARS, SAROJINI MANDIRAM, KURUMANNA, MUKHATHALA P.O., KOLLAM-691577 (1ST YEAR BDS STUDENT, KANNUR DENTAL COLLEGE, KANNUR).** **BY ADVS.SRI.K.SIJU SRI.S.ABHILASH** ## **RESPONDENTS** ## **1. STATE OF KERALA** **REPRESENTED BY THE GOVERNMENT SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **2. THE ENTRANCE COMMISSIONER, COMMISSIONARATE OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.** **3. THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR REPRESENTED BY ITS REGISTRAR-680596.** ## **4. REGISTRAR,** **THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR-680596.** ## **5. THE PRINCIPAL,** **KANNUR DENTAL COLLEGE, ANJARAKANDY, MAMBA P.O., KANNUR-670611.** **R1 & R2 BY SENIOR GOVERNMENT PLEADER : SRI.V.MANY** **R3& R4 BY ADV.P.SREEKUMAR,SC,KERALA UTY. OF HEALTH AND ALLIED SCIENCES** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P(C).No.4383 of 2018 (W)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** |**EXHIBIT P1**|**THE COPY OF COMMUNICATION ISSUED BY THE 4TH**| |---|---| ||**RESPONDENT TO THE 5TH RESPONDENT DATED**| ||**30.1.2018.**| |**EXHIBIT P2**|**THE COPY OF SENIOR SECONDARY CERTIFICATE OF**| ||**THE PETITIONER DATED 8.7.2016.**| |**EXHIBIT P3**|**THE COPY OF RELEVANT PAGES OF INFORMATION**| ||**BULLETIN FOR NEET (UG), 2017-2018.**| |**EXHIBIT P4**|**THE COPY OF RELEVANT PAGE OF THE REGULATION**| ||**FOR BDS COURSE IN KERALA UNIVERSITY OF HEALTH**| ||**SCIENCES.**| |**EXHIBIT P5**<br>|**THE COPY OF MARK LIST ISSUED BY THE CBSE DATED**| ||**26.05.2014 TO THE PETITIONER.**| ## **RESPONDENTS' EXHIBITS: NIL** ## **//TRUE COPY//** ## **P.A. TO JUDGE** ## **bpr** ## **ANIL K. NARENDRAN, J. ------------------------------------------W.P.(C) No.4383 of 2018 ------------------------------------------Dated this the 12[th] day of June, 2018** ## **JUDGMENT** The petitioner, who is pursuing her studies in BDS course at the 5[th] respondent Dental College, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 communication dated 30.01.2018 issued by the 4[th] respondent Registrar of the 3[rd] respondent University and also Ext.P4 BDS Course Regulations issued by the 3[rd] respondent University, to the extent of prescribing 50% separate minimum marks for the subject Biology, in order to get admission to BDS course. The petitioner has also sought for a declaration that respondents 3 and 4 are not authorised or competent to change the eligibility criteria prescribed in the NEET Regulations and that, she may be permitted to continue the course without insisting 50% separate minimum marks for Biology. 2. A statement has been filed by respondents 3 and 4, wherein it has been stated that, in terms of BDS Course W.P.(C) No.4383 of 2018 :2: Regulations issued by the University, 50% separate minimum marks is required for Biology/Bio-technology in order to get admission to BDS course. Respondents 3 and 4 have also raised contentions as to the entitlement of the petitioner to seek admission to BDS course on the strength of Ext.P2 Senior Secondary Certificate issued by National Institute of Open Schooling. 3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 and 2 and also the learned Standing Counsel for respondents 3 and 4. Considering the nature of relief proposed to be granted, service of notice on the 5[th] respondent Principal is dispensed with. 4. The fact that the petitioner did not have 50% separate minimum marks in the subject Biology in the Senior Secondary Examination is discernible from Ext.P2 certificate issued by the National Institute of Open Schooling. A contention has also been raised in paragraph 2 of the statement filed by respondents 3 and 4 as to acceptability of the said certificate for admission to BDS course. W.P.(C) No.4383 of 2018 :3: 5. The pleadings and materials on record would show that the petitioner secured admission to BDS course during the academic year 2017-18 in the Centralised Allotment Process conducted by the 2[nd] respondent Commissioner of Entrance Examinations. Clause 6.2 of the prospectus issued by the 2[nd] respondent Commissioner for admission to various professional degree courses for the academic year 2017-18 deals with the academic eligibility criteria for those courses. Clause 6.2.1 (a) (i) of the said prospectus, which deals with academic eligibility for admission to MBBS, BDS and BSMS courses reads thus; ## 6.2 **Academic Eligibility:** ## 6.2.1 **Medical & Allied Courses** : (a) Medical courses consist of MBBS, BDS, BAMS, BHMS, BSMS and BUMS courses and Allied courses consist of B.Sc. (Hons) Agriculture, B.Sc.(Hons) Forestry, BVSc. & AH and BFSc. courses. ## (i) For **MBBS, BDS, BSMS** : Candidates who have passed in the subjects Physics, Chemistry and Biology/Biotechnology in the Higher Secondary examination of the Board of Higher Secondary Education, Kerala, or examinations recognised equivalent thereto, **with 50% marks in Biology/Biotechnology separately, and 50% marks in Physics, Chemistry and Biology/Biotechnology put together, are eligible** . In the W.P.(C) No.4383 of 2018 :4: absence of Biology, Biotechnology will be considered as a subject for academic eligibility. Only those candidates who qualify in NEET-UG as per the Qualifying criteria described in the Information Bulletin of NEET-UG 2018 and satisfying the nativity conditions mentioned in clause 6.1 of the prospectus shall be considered for admission to MBBS/BDS courses. 6. As per Clause 6.2.1.(a)(i) candidates who have passed in the subjects Physics, Chemistry and Biology/Biotechnology in the Higher Secondary Examination of the Board of Higher Secondary Education, Kerala, or examinations recognised equivalent thereto, with 50% marks in Biology/Biotechnology separately, and 50% marks in Physics, Chemistry and Biology/Biotechnology put together, alone are eligible for admission to MBBS, BDS and BSMS courses. In the absence of Biology, Biotechnology will be considered as a subject for academic eligibility. 7. Admittedly, going by Ext.P2 certificate, the petitioner is not having the requisite 50% separate minimum marks in the subject Biology. 8. Ext.P4 is the BDS Course Regulations issued by the 3[rd] respondent University, which regulates admission to the W.P.(C) No.4383 of 2018 :5: Degree of Bachelor of Dental Surgery (BDS). Clause 1 of Section VI of the said Regulations, which deals with eligibility for admission, reads thus; ## 1. **Eligibility for Admission:** No candidate shall be allowed to be admitted to the medical curriculam of first Bachelor of Dental Sciences (BDS) course until: a. He/She has completed the age of 17 years on or before the 31[st] of December of the year commencing the prescribed academic session of the said course. b. He/She has passed qualifying examination as under: The higher Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher Secondary Examination after a period of 12 years study, the last two years of study comprising of Physics, Chemistry, Biology/Biotechnology and English with minimum 50% markss for Physics, Chemistry and Biology/Biotechnology together and 50% in Biology/Biotechnology separately. In respect of candidates belonging to Socially and Educationally Backward Classes the minimum marks required in qualifying examination in Physics, Chemistry and Biology/Biotechnology taken together and in Biology/Biotechnology separately is relaxed to 45% instead of 50% as above. With respect to candidates belonging to Scheduled Castes and Scheduled Tribes the minimum marks required in qualifying examination in Physics, Chemistry and Biology/Biotechnology taken together is relaxed is 40%. The eligibility criteria for admission to persons with locomotory disability of lower W.P.(C) No.4383 of 2018 :6: limbs (40 to 70%) will be a minimum of 45% marks instead of 50% taken together in qualifying examination and competitive entrance examination for admission in BDS course or any other examination which, in scope and standard is found to be equivalent to the intermediate science examination of an Indian University/Board, taking Physics, Chemistry and Biology/Biotechnology including practical test in each of these subjects and English.” (Underline supplied) 9. A reading of the aforesaid clause in the BDS Course Regulations of the 3[rd] respondent University would make it explicitly clear that 50% separate minimum marks in Biology/ Biotechnology is a mandatory requirement for admission to BDS course. The said fact has been reiterated in Ext.P1 communication dated 30.01.2018 of the 4[th] respondent Registrar of the University, addressed to the 5[th] respondent Principal. Therefore, the petitioner who do not have 50% separate minimum marks in Biology is not having academic eligibility for admission to BDS course. 10. In **Preeti Srivastava v. State of Madhya Pradesh (1997(7) SCC 12)** , the Apex Court held that if higher minimum standards have been prescribed, it would certainly add to the excellence in the matter of admission of the W.P.(C) No.4383 of 2018 :7: students in higher education. Moreover, in view of the laid down by the Apex Court in **State of Tamil Nadu v. S.V.Bratheep (2004(4) SCC 513)** , if a higher minimum is prescribed by the State or the University for admission of students in higher education, than what had been prescribed by the Central authorities, it cannot be said that it is in any manner adverse to the standard fixed by such Central authorities. 11. Therefore, the provisions under the prospectus issued by the 2[nd] respondent Commissioner for Entrance Examinations, and also the BDS Course Regulations issued by the 3[rd] respondent University prescribing 50% separate minimum in the subject Biology, cannot be said to be contrary to the provisions under the NEET Regulations. 12. In that view of the matter, the grounds raised in this writ petition are not sufficient to maintain a challenge against the eligibility criteria fixed by the 3[rd] respondent University in BDS Course Regulations or the academic eligibility for admission to BDS course prescribed by the 2[nd] respondent Commissioner of Entrance Examinations in the prospectus for W.P.(C) No.4383 of 2018 :8: the academic year 2017-18. In the result, the writ petition fails and the same is, accordingly, dismissed. Sd/- **ANIL K. NARENDRAN JUDGE** bpr