TESLA THOMAS Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved with the refusal of the University to permit him to continue in the BHMS Course in which he was allegedly admitted in the academic year 2011-12, by the 5th respondent college which is affiliated to the 4th respondent University. The admission itself is stoutly refuted by the University, on the ground that the 5th respondent had never sent the name of the petitioner for registration, for the course commencing in the academic year 2011-2012. The University also contends that the petitioner's admission, if at all made by the 5th respondent; was made flouting all regulations and is hence irregular.

(2.) The petitioner sat for Pre-degree examinations, from the University of Kerala in the year 1998, the marklist of which is produced along with Ext. P10 series of documents. The petitioner obtained his Pre-degree qualification with optional subjects of Physics, Chemistry and Mathematics. Subsequent to that, the petitioner is said to have sat for the Biology paper, under the National Institute of Open Schooling, in which he is said to have obtained 54% marks, which is evidenced by Ext. P11 certificate. On the basis of the said qualification in Biology, which he acquired almost 13 years after the Pre-degree qualification, the petitioner sought for admission in the 5th respondent college to the BHMS Course affiliated to the 4th respondent University.

(3.) The petitioner's specific contention is that the Central Council for Homeopathy, as per Section 20 of the Homoeopathy Central Council Act, 1973 [HCC Act], is empowered to prescribe the standards for admission to the course and the petitioner satisfies the prescription made by such apex body; being the Central Council for Homeopathy. The petitioner also relies on Ext. P2 issued by the Central Council for Homeopathy to contend that the petitioner's qualification in Biology acquired from the National Institute of Open Schooling coupled with his Pre-degree qualification obtained from the Kerala University, entitles him to seek admission for the BHMS course of the University.