C M KHYRUNEESA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS were working under the 1st respondent as Nurse Higher Grade and Nurse Grade-II. When the 3rd respondent invited applications for admission for the course of Pharmacist for the academic year 2009-2010, petitioners submitted their applications. Ext.P3 is the prospectus. According to the petitioners, although their age was above 25 years giving them the benefit of age relaxation of upper age limit prescribed for departmental candidates in Ext.P2, they were admitted by the 3rd respondent in the seats available in the management quota. However, based on Ext.P7 order passed by the 2nd respondent directing their removal from the college, 3rd respondent has issued Ext.P8 and Ext.P9, removing the petitioners from the college on the ground that they are over aged. It is challenging Exts.P7, P8 and P9, this writ petition is filed.

(2.) CONTENTION raised by the petitioners is that they secured admission while working as Nurse. It is stated that therefore, they were eligible for relaxation of upper age limit. According to the petitioners, recognising their eligibility for the benefit of the provisions contained in the Ext.P2 prospectus, prescribing the maximum age limit of 40 years for department candidates, they were granted admission. It is therefore contended that the conclusion in the Exts.P7, P8 and P9, they were over aged, is incorrect and illegal.