Athul Thomas vs State Of Kerala

Murali Purushothaman, J

The petitioner is a physically disabled student having 40% disability due to Loco motor impairment. The petitioner applied for admission to B.Sc. M.L.T course and got admission in Government Medical College, Thiruvananthapuram on 13.8.2019 under physically disabled quota. The petitioner has also remitted Hostel fee and is undergoing the course for the past more than one and half year and was preparing for the exams scheduled in the month of March 2021.

The 2nd respondent, Registrar Kerala University of Health Sciences by Ext.P7 addressed to the Principal of the College informed that the petitioner did not have 50% marks in Science Group II in Physics, Chemistry, Biology and English put together as stipulated in the University Regulation and as such he is not eligible for admission to B.Sc. M.L.T course and as such his registration is rejected. On coming to know about Ext.P7, the petitioner submitted Ext.P8 representation before the Government requesting to permit the petitioner to write the examination and to complete the course. The petitioner did not get any response from the respondents and has accordingly filed this writ petition to quash Ext.P7 and for directions to the respondents to allow the petitioner to remit examination fee and to complete the course. This Court passed an interim order dated 8.3.2021 staying all further proceedings pursuant to Ext.P7 and permitted the petitioner to continue the course provisionally. A further interim order was passed on 18.3.2021 permitting the petitioner to register and appear in the examinations provisionally, subject to further orders.

After hearing the learned counsel for the petitioner and the counsel for the respondent University, it appears that different stand has been taken by the selection agency as well as the University with regard to the interpretation of clause 6.2.1 of the prospectus and KVHS Regulations 2016. Therefore the matter has to be resolved at the end of the Governing Council of the University, which I am told is being convened on 16.11.2021. Since the petitioner has already been admitted to the course and is pursuing the studies for the last more than one year, I think it is appropriate that the 2nd respondent shall place the matter before the Governing Council of the University to take a decision as regards the admission of the petitioner to the B.Sc M.L.T course. The petitioner shall file a representation in this regard before the Registrar before 16.11.2021 and the Registrar will place the said representation before the Governing Council in its meeting on 16.11.2021 or on any adjourned date. The Governing Council shall take a decision as regards the admission of the petitioner in B.Sc M.L.T course at the earliest.

It is submitted by the petitioner that the supplementary examination for the first semester of the B.Sc M.L.T course will commence shortly and he will have to remit the fees tomorrow. The petitioner will be permitted to remit the fees and to participate in the said examination. The petitioner will also be permitted to continue her course in B.Sc M.L.T in the 3rd respondent College, till the Governing Council takes a decision. The interim order passed by this Court on 8.3.2021 staying further proceedings pursuant to Ext.P7 will continue till the Governing Council takes a decision as above.

With these directions, the writ petition is disposed of.