MARY PHILIPOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER sought admission to the 1 year M. B. B. S. course in the Medical Colleges of Kerala State in the year 1980-1981, claiming to be qualified for such admission. After an eleven year course of study sponsored by the University of Cambridge Local Examinations syndicate, she passed the Indian School Certificate Examination (I. S. C) in 1976 in the I Class, securing high marks in Mathematics, Physics, Chemistry, Biology and other subjects She joined the B Sc. degree course in one of the Colleges in kerala and in the examination held in March-April 1980 by the Kerala University (3rd respondent), passed in the I Class securing high marks. She had taken chemistry main and Mathematics and Physics subsidiary subjects for her degree course. Admission to the 1st year M. B. B. S. course was sought on the basis of ext. P4 prospectus for 1980-81. The petitioner was provisionally selected for admission to the 1st year of the M. B. B. S. course and a list of provisional allottees was duly published. Thereafter, she received Ext. P5 memo dated 17 91980 from the Principal of the Trivandrum Medical College (2nd respondent)requiring her to produce a certificate from the concerned University, namely, kerala University to the effect that she has passed an "examination equivalent to pre-degree with eligibility for admission for M. B. B. S. " She was further required to produce the certificate on or before 24 9 1980 failing which, she was informed, the provisional selection given already will stand cancelled. She unsuccessfully tried to get such a certificate. She applied to the 2nd respondent for extension of time. It is alleged in the petition that the third respondent-Kerala University does not issue such a certificate in the case of students who pass the eleven year I. S. C. course. Hence, she filed this o. P. seeking a writ of certiorari quashing Ext. P5 and a writ of mandamus directing the respondents to declare her to be eligible for admission to the m. B. B. S. course and directing them not to cancel the provisional selection given to her but to admit her in the M. B. B. S. course in one of the Medical colleges in Kerala during 1980-81. In an interlocutory application, this court stayed the operation of Ext. P5 and directed that one seat be reserved for the petitioner.

(2.) PETITIONER contends that she has passed I. S. C. examination after an eleven year course, that treating it as an equivalent of p. D. C. examination she was admitted in B. Sc. degree course, that she completed the same and now respondents wrongfully refuse to treat I. S. C. examination as equivalent to P. D. C. examination with eligibility to medical course. Respondents contend that a pass in the I. S. C. examination, though sufficient to secure admission to the B. Sc. degree course, is not sufficient to secure admission to the I year M. B. B. S. course unless the candidate studies for one year in the pre-degree course and passes examinations in the three science subjects as optional subjects in Part 11 (i ). Admittedly petitioner did not study one year in the pre-degree course and did not pass examinations in the three science subjects of P. D. C. course.

(3.) IT is necessary to understand the scheme in Ext. P4 for admission to the I year of the M. B. B. S. course in the four Public Sector medical Colleges in the State. We are not concerned with the special reservations made to various interests Broadly speaking the selection is to be on merit. Admission is to be given to candidates with two different academic qualifications, namely, those who have passed only the pre-degree examination or the equivalent and those who have passed the B. Sc degree examination or a higher examination. The seats are to be distributed between the two categories of candidates in the ratio of 2:3. Candidates of the first category should have passed the pre-degree examination of Kerala or Calicut University with Physics, chemistry and Biology as optional subjects or an examination recognised by either of these two Universities as equivalent thereto with eligibility for admission to medical course and they should have secured an aggregate of 50 percent marks or above in the three science subjects taken together in the Pre-degree or equivalent examination. Candidates of the second category should have passed the three year B. Sc. degree course of the Kerala or Calicut University (or any other University recognised by either of these two Universities) with Physics or Chemistry or Zoology or Botany or Bio-Chemistry as main and any one or two of the above subjects as subsidiary and they should have secured 50 percent marks or above in the science subjects taken together. Their eligibility is without reference to their performance at the Pre-degree examination or the equivalent examination. Relaxation of marks in the case of Scheduled Castes and scheduled Tribes etc. is not relevant in this case.