MARY NEENA DCUNHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has prayed for quashing of the Government Order in G.O. Ms. No. 186 Health and Family Welfare dated 26-3-1996 and the letter of the second respondent University dated 6-7-1999 and consequentially direct the first and second respondents to recognise the Vocational Higher Secondary Examination conducted by the Government of Kerala at Plus II level as eligible for admission into the B.D.S., and other courses in various institutions affiliated to 2nd respondent University.

(2.) The case of the petitioner is briefly stated hereunder :- According to her, she has passed the Vocational Higher Secondary Examination conducted by the Board of Vocational Higher Secondary Examinations of the Government of Kerala with Food Processing Technology as the vocational subject. The Department of Vocational Higher Secondary Education, Government of Kerala is conducting two year Vocational course in 45 disciplines at the Higher Secondary level and there are as many as 321 institutions in the State of Kerala conducting Vocational Higher Secondary Course. The course comprise of - Part I . . English and General Foundation Course; Part II . . Vocational subjects (Theory and Practical) Part III . . Optional subjects (Physics, Chemistry and Maths;) (Physics, Chemistry and Biology; etc.) Parts I and II are compulsory and Part III is optional and those students who desire to go for Degree Courses or Professional courses may choose Part III and on passing of all the parts, the students will be awarded Vocational Higher Secondary certificate which will be valid for higher studies too. The certificate obtained after studying Parts I, II and III will be equivalent to Pre-Degree of the University of Kerala, Calicut and Mahatma Gandhi and many Universities outside Kerala have also recognised these courses as equivalent to Plus II certificates. The petitioner opted for physics, Chemistry and Biology Group which is a Medical Group subjects, during her Vocational Higher Secondary Examination course and has passed the said course. She was able to secure a seat in B.D.S., first year under the Management quota in the fourth respondent College. At the time of joining the B.D.S., course, the petitioner was informed that she was eligible to be admitted to the first year B.D.S. course under the management quota in the light of the eligibility norms prescribed by the Dental Council of India which is the highest regulatory authority in the matter of coordination and determination of standards in the higher eduction. As per the norms laid down by the Dental Council of India, one should have passed the two years Intermediate or equivalent courses thereof, with science subjects viz. Physics, Chemistry and Biology from a recognised Indian University or Pre University/ Intermediate Board, or B.Sc., (Part I) Examination of an Indian University as laid down by the University Grants Commission. The candidates should have secured not less than 50% marks on the aggregate in English and science subjects put together at the qualifying examination or competitive entrance examination as the case may be. The petitioner having secured the eligibility marks in the subjects and being eligible as per the norms fixed by Dental Council of India, got herself admitted in the fourth respondent College under the Management quota and has now completed the first year of the course.

(3.) It is further stated that notwithstanding the above position, the first and second respondents have now declared the petitioner as being ineligible to be registered with the second respondent University as she had passed the Plus II in Vocational Stream relying upon G.O. Ms. No. 186. Health and Family Welfare Department dated 26-3-1996. It is stated that the prescription as contained in the said Government Order cannot be put against the person like the petitioner, who had undergone the vocational course with Physics, Chemistry and Biology subjects in Kerala as per the norms prescribed by NCERT.