Kerala High Court
Parvathy.D vs S.N. Trusts Medical Mission on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33731
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 42533 OF 2024
PETITIONER:
PARVATHY.D.
AGED 18 YEARS
D/O. DILEEP KUMAR.S., INDEEVARAM,
PEROOR, TKMC P.O., KOLLAM DISTRICT.,
PIN - 691005
BY ADVS.
SRI. B.S.SIVAJI
SMT. DHANYA SREENIVASAN
RESPONDENTS:
1 S.N. TRUSTS MEDICAL MISSION
KARBALA JUNCTION, KOLLAM DISTRICT,
REPRESENTED BY ITS SECRETARY., PIN - 691001
2 VNSS COLLEGE OF NURSING
S.N. TRUSTS MEDICAL MISSION, KARBALA JUNCTION,
KOLLAM DISTRICT, REPRESENTED BY ITS MANAGER.,
PIN - 691001
3 THE PRINCIPAL
VNSS COLLEGE OF NURSING,
S.N. TRUSTS MEDICAL MISSION,
KARBALA JUNCTION, KOLLAM DISTRICT1.,
PIN - 691001
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W.P.(C) No.42533/2024
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4 ADMISSION & FEE REGULATORY COMMITTEE FOR
MEDICAL EDUCATION IN KERALA
HEAD OFFICE, T.C NO15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD,
VAZHUTHACADU, THIRUVANANTHAPURAM,
PREPRESENTED BY ITS CHAIRMAN, PIN - 695014
5 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR,
REPRESENTED BY ITS REGISTRAR, PIN - 680596
6 INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE - 1I, NEW DELHI,
REPRESENTED BY ITS SECRETARY, PIN - 110020
7 SIVADUTT P.
FIRST YEAR B.SC NURSING STUDENT
(2024 ADMISSION UNDER NRI QUOTA) C/O.
PRINCIPAL, VNSS COLLEGE OF NURSING,
S.N. TRUSTS MEDICAL MISSION, KARBALA JUNCTION,
KOLLAM DISTRICT., PIN - 691001
BY ADVS.
SRI. A.N.RAJAN BABU
SRI. BINNY THOMAS
SRI. ABRAHAM P.MEACHINKARA PAILY MEACHINKARA
SRI. P.G. JAYASHANKAR
SRI. P.SREEKUMAR (SR.)(K/410/1994)
SRI. S.RAJEEV (K/001711/2019)(K/001711/2019)
SMT. SAJANA V.H(K/1174/2021)
SRI. SHAIJU GEORGE(K/001271/2021)
SRI. AADERSH R.S. PANICKER(K/1255/2021)
SMT. PUSHPAVATHI.K(K/832/2004)
SMT. MARY BENJAMINE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 27.03.2025, THE COURT ON 13.05.2025 DELIVERED
THE FOLLOWING:
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W.P.(C) No.42533/2024
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N. NAGARESH, J.
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W.P.(C) No.42533 of 2024
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Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
The petitioner, who is an applicant for B.Sc
Nursing Course conducted by the 1st respondent-Institution, is
before this Court seeking to direct respondents 1 to 3 to give
admission to the petitioner for the Course B.Sc Nursing for
the year 2024-2025 under NRI quota.
2. The petitioner applied for admission to the
1st respondent-Institution for the B.Sc Nursing Course 2024-
2025 pursuant to Ext.P1 Notification dated 11.06.2024. The
1st respondent offered an NRI seat to the petitioner. The
petitioner submitted Ext.P2 application. However, the
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petitioner was informed that they are unable to give
admission for the reason that she does not have 50% marks
in English.
3. The petitioner states that as per Ext.P5
Indian Nursing Council (Revised Regulations and Curriculum
for B.Sc (Nursing) Program) Regulations, 2020, the
candidates must have obtained a minimum of 45% marks in
Physics, Chemistry and Biology taken together and passed in
English individually. As per Ext.P6 Course Regulations
issued by the 5th respondent-Kerala University of Health
Sciences, the eligibility for admission to B.Sc Nursing Course
is as stipulated by the Apex Council.
4. Ext.P7 Notification dated 15.05.2024 issued
by the Director of Medical Education prescribes that
applicants for B.Sc Nursing must have successfully
completed the Higher Secondary Examination with 50%
aggregate for Physics, Chemistry and Biology. However, the
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petitioner was declined admission holding that she has not
secured 50% marks in English.
5. The petitioner hence filed W.P.(C)
No.27946/2024 and pursuant to Ext.P9 interim order dated
22.10.2024 of this Court, the 1st respondent considered the
issue and passed Ext.P10 order rejecting admission stating
that the rank of the petitioner is 10 in the list of candidates for
being earmarked under NRI quota.
6. The petitioner states that the rank list
prepared by respondents 1 to 3 is not in accordance with the
Regulations governing the field. According to the petitioner,
on the basis of the marks obtained by her for subjects
Physics, Chemistry and Biology, she must be placed as rank
No.9 and given admission.
7. Respondents 1 to 3 contended that as per
Ext.P1 Prospectus issued by the 1st respondent, the eligibility
is stated as not less than 50% marks each in Physics,
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Chemistry, Biology and English. The said eligibility criteria is
approved by the Admission Supervisory Committee. The
petitioner has not challenged the order granted by the
Admission Supervisory Committee. For the subjects Physics,
Chemistry, Biology and English, the petitioner has got an
average of 60.87% marks only, whereas the 7th respondent
secured 66% marks. Therefore, the 7th respondent was
selected.
8. Respondents 1 to 3 argued that the
petitioner applied for accepting the Notification conditions
without challenging the same and after rejection of
application, the petitioner cannot challenge the admission
criteria. According to respondents 1 to 3, LBS Notification for
Nursing admission also gives the eligibility criteria as 50%
marks for the subjects Physics, Chemistry, Biology and
English. The petitioner has only 40% marks in English.
Hence, the writ petition is liable to be dismissed.
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9. The 6th respondent-Indian Nursing Council,
however, filed counter affidavit stating that English, though a
compulsory subject, is not to be included while calculating the
aggregate.
10. I have heard the learned counsel for the
petitioner, the learned counsel representing respondents 1 to
3, the respective learned Standing Counsel representing
respondents 4 to 6 and the learned counsel appearing for the
7th respondent.
11. The petitioner has been denied admission to
B.Sc Nursing Course in the 1st respondent-Institution under
NRI quota on the ground that the petitioner has not secured
50% marks in English. Ext.P4 Prospectus issued by the 1st
respondent stipulates that only those candidates, who have
passed Higher Secondary Examination with aggregate 50%
marks in Physics, Chemistry and Biology and 50% marks in
English in Second Year, are eligible for admission.
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12. This admission criteria appears to be
approved by the 4th respondent-Admission and Fee
Regulatory Committee for Medical Education in Kerala. The
said stipulation goes against Ext.P6 Regulations 2021 issued
by the Indian Nursing Council which only requires a pass in
the English Examination. Ext.P6 Regulations issued by the
Kerala University of Health Sciences provide that the
eligibility for admission to B.Sc Nursing Course shall be as
stipulated by the Apex Council. Therefore, insisting on 50%
marks in English is unjustified.
13. However, the pleadings in the writ petition
would indicate that the classes for B.Sc Nursing have started
on 04.11.2024. The last date for admission to the Course
was 13.09.2024. The writ petition was filed only on
28.11.2024. The counsel for the 1st respondent would state
that 420 hours of classes are already over. The petitioner
has applied pursuant to Ext.P4 Notification which stipulated
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that the petitioner should have 50% marks in English in
Second Year. The petitioner has applied for the Course
pursuant to the said Prospectus and the petitioner has
approached this Court after rejection of the application.
In the afore circumstances, I do not find this
writ petition as a fit case to grant any relief to the petitioner in
exercise of the powers under Article 226 of the Constitution of
India. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/09.05.2025
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APPENDIX OF WP(C) 42533/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE PUBLISHED ON
11.06.2024 IN MALAYALA MANORAMA BY THE
FIRST RESPONDENT.
Exhibit P2 TRUE COPY OF THE ONLINE APPLICATION
SUBMITTED BY PETITIONER DATED NIL.
Exhibit P3 TRUE COPY OF THE PLUS 2 CERTIFICATE
DATED 09.05.2024 ISSUED BY THE BOARD
OF HIGHER EDUCATION, GOVERNMENT OF
KERALA.
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF
PROSPECTUS FOR B.SC NURSING COURSE FOR
THE YEAR 2024 - 2025 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF
INDIAN NURSING COUNCIL (REVISED
REGULATIONS AND CURRICULUM FOR B.SC
(NURSING) PROGRAM) REGULATIONS 2020,
PUBLISHED ON 05.07.2021.
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE
COURSE REGULATIONS FOR B.SC NURSING
COURSE ISSUED BY THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE NOTIFICATION
NO.B6/1731/24/DME DATED 15.05.2024
ISSUED BY THE DIRECTOR OF MEDICAL
EDUCATION.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED
06.08.2024 IN W.P.(C) NO.27946/2024.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED
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22.10.2024 IN W.P.(C) NO.27946/2024.
Exhibit P10 TRUE COPY OF THE LETTER NO.
VNN/AC.1349/2024 DATED 29.10.2024 WITH
RANK LIST AND MARK DISTRIBUTION OF
CANDIDATES UNDER NRI QUOTA.
RESPONDENTS' EXHIBITS
Exhibit R1(a) A COPY OF EXPLANATION REGARDING
EXT.P10 MARK LIST AND MARK
DISTRIBUTION OF NRI CANDIDATES DATED
06-12-2024 PREPARED BY THE PRINCIPAL
ALONG WITH EXT.P10 MARK LIST
Exhibit R1(b) A TRUE COPY OF THE PROSPECTUS FOR
B.SC. NURSING ADMISSION FOR 2024-25
APPROVED FOR PRIVATE NURSING COLLEGE
MANAGEMENT ASSOCIATION OF KERALA
HAVING 54 MEMBER COLLEGES
