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2025 Supreme(Ker) 1353
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J.
Parvathy. D. D/o. Dileep Kumar.S - Appellant
Vs.
S.N. Trusts Medical Mission - Respondent
WP(C) NO. 42533 OF 2024
Decided On : 13-05-2025
Advocate Appeared:
For the Appellant : SRI. B.S.SIVAJI, SMT. DHANYA SREENIVASAN
For the Respondent: SRI. A.N.RAJAN BABU, SRI. BINNY THOMAS, SRI. ABRAHAM P.MEACHINKARA PAILY MEACHINKARA, SRI. P.G. JAYASHANKAR, SRI. P.SREEKUMAR (SR.)(K/410/1994), SRI. S.RAJEEV (K/001711/2019)(K/001711/2019), SMT. SAJANA V.H(K/1174/2021), SRI. SHAIJU GEORGE(K/001271/2021), SRI. AADERSH R.S. PANICKER(K/1255/2021), SMT. PUSHPAVATHI.K(K/832/2004), SMT. MARY BENJAMINE
Admission criteria requiring 50% marks in English for B.Sc Nursing contradicts Indian Nursing Council regulations, which only require a pass in English.
Headnote:
(A) Indian Nursing Council (Revised Regulations and Curriculum for B.Sc (Nursing) Program) Regulations, 2020 - Admission criteria - The petitioner sought admission to B.Sc Nursing under NRI quota but was denied due to not securing 50% marks in English, contrary to the Indian Nursing Council's regulations which only require a pass in English. (Paras 3, 12)
(B) Eligibility criteria - The court found that the admission criteria set by the institution, requiring 50% in English, was unjustified as it contradicted the regulations issued by the Indian Nursing Council. (Paras 12)
(C) Timeliness of petition - The court noted that the petition was filed after the admission deadline and classes had already commenced, impacting the ability to grant relief. (Paras 13)
Facts of the case:
The petitioner applied for B.Sc Nursing for 2024-2025 but was denied admission due to insufficient marks in English, despite meeting other criteria.
Findings of Court:
The court concluded that the institution's requirement for 50% in English was unjustified and contrary to the Indian Nursing Council's regulations, but dismissed the petition due to the late filing and commencement of classes.
Issues: The main issues were the validity of the admission criteria regarding English marks and the timing of the petition.
Ratio Decidendi: The court ruled that the institution's insistence on 50% marks in English was unjustified as it contradicted the Indian Nursing Council's regulations, but the petition was dismissed due to the late filing.
Result: Writ petition dismissed.
JUDGMENT :
N.NAGARESH, J.
The petitioner, who is an applicant for B.Sc Nursing Course conducted by the 1st 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 1st respondent-Institution for the B.Sc Nursing Course 2024- 2025 pursuant to Ext.P1 Notification dated 11.06.2024. The 1st 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 5th 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 1st 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 1st 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 7th respondent secured 66% marks. Therefore, the 7th 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 6th 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 7th respondent.
11. The petitioner has been denied admission to B.Sc Nursing Course in the 1st respondent-Institution under NRI quota on the ground that the petitioner has not secured 50% marks in English. Ext.P4 Prospectus issued by the 1st respondent stipulates that only those candidates, who have passed Higher Secondary Examination with aggregate 50% marks in Physics, Chemistry
