SANAL NAZARULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants, both of whom are students of the Bachelor of Homoeopathic Medical Science (BHMS) Course, alleges discrimination by reason of unreasonable classification in not permitting them to appear for the Common Entrance Examination (CEE) conducted by the official respondents for admission to the MBBS Course. The learned Single Judge found that their claim under a special category cannot be considered as equal to the main stream candidates and, hence, dismissed the writ petition.

(2.) THE learned counsel for the appellants contended before us that the appellants, who were now working towards the graduate degree in Homoeopathy, applied for the Common Entrance Examination to the MBBS Course, since graduates/ diploma holders in Homoeopathy have four seats in the MBBS Course reserved for their category. Further, the internship of the appellants having not been completed, they were unable to produce the certificates evidencing completion of the graduate study and, hence, are denied the right to compete for admission to the MBBS Course. This denial prejudices them in so far as they are denied of the benefit, causing loss of one academic year for no fault of theirs, is the contention.

(3.) WE first notice that there is absolutely no material placed before us to substantiate the 2nd ground. Nor is there any reason cited for the delay caused in completing the course at the 4th respondent College. Be that as it may, if at all delay was caused, their claims and remedies would be different and that alone cannot entitle the appellants to claim a benefit which is reserved for special category of candidates without they having failed to come within such special category. Admittedly their graduate course is not completed and that is the reason why they have not been permitted to appear for the entrance examination to the MBBS Course. Even if the delay is of the 4th respondent-College, that cannot be a reason to upset the essential criteria for admission to the entrance examination, which admittedly the appellants do not possess.