ANEESHA REMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the petitioners, who were permitted to continue their studies and participate in the examination, pursuant to the interim orders passed by this Court, are eligible to have their results declared, if they are otherwise not eligible even for being admitted for the course, is the primary point to be considered. The incidental question is, whether they are entitled for any equitable relief, even if, they are not strictly qualified, since the course is already over and nobody else is to be prejudiced as on date for not having admitted and permitted to pursue the studies.

(2.) Both the petitioners were aspirants to have admission to the 'Certificate Course - Ayurveda Nursing', conducted for the year 2009-2010. The duration of the course is 300 working days and it includes 'practical'. The candidates belonging to the State of Kerala, who have passed the S.S.L.C. Examination or equivalent with minimum "50 % marks or equivalent grade" are eligible to apply.

(3.) Pursuant to Ext.P2 prospectus issued by the third respondent, the petitioners, on the strength of Ext. P1 Certificate, declaring them eligible for higher studies, applied for the said course and secured admission. The course was commenced in August, 2009 and after about 9 months of study, the petitioners were prevented by third respondent from pursuing further studies, stating that, the second respondent had given instructions to the College authorities to prevent the petitioners from attending the classes and that their admissions were liable to be cancelled, for the reason that they did not possess the required minimum of 50 % of marks. Branding the stand of the respondents as arbitrary, illegal and unjust, the petitioners approached this Court by filing the above Writ Petitions for immediate interference. It is contended that the petitioners are qualified to have admissions and to pursue the studies, and that, if a 'mean average' of the grades scored by the petitioners is taken, the percentage of the marks scored by them, would be more than 50 % as prescribed in Ext. P2 prospectus.