FATHIMA FASHNA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was granted admission to the BDS course by the fourth respondent in the Non Resident Indian ('NRI' for short) quota. According to the petitioner, her close relative, sister's husband who is working abroad has submitted Ext.P4 undertaking to support the education of the petitioner. On the basis of Ext.P1 G.O, according to the petitioner, she was granted admission. She has been attending classes of the course also. While so by Ex.P6 issued by the University it has been informed that she is not eligible to get admission under the NRI quota.

(2.) ACCORDING to Adv. M.V. Bose who appears for the petitioner, Ext.P6 has been issued stating that the petitioner is not eligible to seek admission under the NRI quota in view of Ext.P2 G.O. It is pointed out that, she has been granted admission under Ext.P1 G.O which is the relevant order applicable. She has been continuing to study and is on the verge of appearing for the first year examinations. It is at the said point of time Ext.P6 has been issued. Therefore, according to the counsel it is only appropriate that the petitioner is permitted to appear for the examinations.

(3.) HEARD . Ext.P1 clause (3)(1) states that the "Non - Resident Indian seats" are reserved for children or wards or dependents of Non -Resident Indians. The said clause reads as follows: -