The court emphasized that the qualifications for admission to the University Courses are prescribed by the University and its Statutes to maintain certain minimum standards, and the Government cannot waive these minimum qualifications by administrative instructions.

1. These are two Writ Petitions and two petitioners, both claiming the one seat available for admission to the Post Graduate Course in Dentistry, leading to the Degree of Master of Dental Science (M.D.S.). Dr. Sajish Kuriakose (Dr. Sajish for short) is the petitioner in OP No. 5819 of 1987 and Dr. Varghess the petitioner in O.P. No. 5772 of 1987.

2. The Prospectus for admission to the Post Graduate Courses in the Dental College attached to the Medical College, Trivandrum. was published in the Kerala Gazette on 17th March 1987. Nineteen seats were available to six specialities in the Dental College. On 20-4-1987, the Commissioner for Government Examinations invited applications for admission to all the courses. Both the petitioners applied for admission to the M.D.S. course in Oral and Maxilla facial Surgery within the prescribed time, the last date for receipt of applications being 16th May, 1987. Admission to the course was on the basis of an entrance examination. Both the petitioners sat for the entrance test and Dr. Varghese obtained the first rank and Dr. Sajish, the third. Dr. Varghese was a Graduate in Dental Surgery (B.D.S.) from the Annamalai University in Tamilnadu while Dr. Sajish was a B.D.S. from the Kerala University. Dr. Varghese obtained his Degree in August 1985 and Dr. Sajish in January, 1983. The B. D. S. of the Annamalai University was, however, not recognised by the Kerala University. The selection committee met on 6th July, 1987 decided that the admission of candidates who have passed out from the Universities outside Kerala will be subject to recognition of their degrees by the Kerala University. The Committee prepared a select and wait list to be published on 7th July, 1987, inviting objections to be filed before the 17th July. Dr. Varghese was provisionally included in the select list and Dr. Sajish was included in the wait list. Dr. Sajish objected to Dr. Varghese being admitted to the course on the ground that his degree from the Annamalai University was not recognised by the Kerala University. Dr. Varghese was, therefore, directed to produce the "certificate of recognition of his B.D.S. Degree as equivalent to the B.D.S. Degree of the Universities in Kerala on or before 20-7-1987" and be was informed that on his failure to produce the certificate, the provisional selection would be cancelled. He was given time till 28-7-1987. Dr. Varghese seems to have applied to the Kerala University for recognition of his Degree on 15-7-1987 and the Pro Vice Chancellor issued an order on 22 7-1987 reading thus:

"Sanction has been accorded by the Pro-Vice-Chancellor subject to ratification by the Vice-Chancellor to the B.D.S. Degree awarded by the Annamalai University Annamalai nagar being recognised as equivalent to the B.D.S. Degree of the University of Kerala on a reciprocal basis. The University Order is issued subject to ratification by the Academic Council"

3. The selection committee met again on 28-7-1987 and on the basis of the recognition given by the Pro-Vice-Chancellor on 22-7-1987, declared that Dr. Varghese was eligible for selection for the M.D.S. course. The provisional selection made earlier was "approved as final". But on 17th July, 1987. Dr. Sajish pre-empted the admission of Dr. Varghese by moving this Court in OP No. 5819 of 1987 challenging the selection of Dr. Varghese and claiming that be should be admitted. Interim orders were obtained and Dr. Varghese has not so far been admitted.

4. On the same date Dr. Varghese also came to this Court in OP. 5772 of 1987 for a declaration that he was eligible to be admitted to the course and for consequential reliefs.

5. Subsequently the Vice Chancellor of the Kerala University ratified the action of the Pro-Vice-Chancellor and issued an order on 29-7-1987 reading thus:

"The Vice-Chancellor has ratified the action taken by the Pro-Vice-Chancellor in having granted recognition as per the U.O (read as Second Paper above to the B.D.S. Degree awarded by