Vinayaka Mission vs Mary Neena D'Cunha And others

Vinayaka Mission vs Mary Neena D'Cunha And others

Mary Neena D'Cunha has passed the Vocational Higher Secondary
Examination (VHSE) conducted by the Board of Vocational Higher
Secondary Examinations of the Government of Kerala with Food Processing
Technology as the Vocational Subject. The course comprised of 3 Parts,
Part I with English and General Foundation course; Part II with
Vocational Subjects, both theory and practical and Part III with
Optional Subjects consisting of Physics, Chemistry and Biology etc.
While the disciplines Part I and Part II are compulsory, Part III is
optional and choice is given to the students to opt the subjects having
regard to their aptitude and also to undergo the degree courses or
professional courses of their choice. Insofar as Kerala is concerned,
passing of VHSE is treated as equivalent to Pre-Degree University
course. The first respondent had opted Physics, Chemistry and Biology
group in Part III of VHSE. course and has passed the same. Pursuant to
her application to the appellant college, she was admitted to B.D.S.
course for the academic year 1998-99 under the Management Quota. She
also underwent First Year course. But she was found to be not eligible
to be registered with Vinayaka Mission university on the ground
that the VHSE course of Kerala was not equivalent to Pre-Degree course
in Tamil Nadu and that she was not entitled to continue her studies in
B.D.S. course any further. The decision of the third respondent
University was based upon G.O.Ms.No. 186, Health and Family Welfare
Department, dated 26.3.1996, issued by the Government of Tamil Nadu.
The case of the University is that the first respondent is not a
student of its affiliated college, that her name has not been
registered through a registration application, that the eligibility
criteria for admission to B.D.S. course in Plus Two in Tamil Nadu with
Physics, Chemistry, Botany, English and any other language or with the
minimum five subjects of English, Physics, Chemistry, Botany and
Zoology and obtaining of not less than 50% marks aggregate in Physics,
Chemistry and Biology and even if the candidates from other States are
applying, the qualifications should be equivalent to Plus Two of Tamil
Nadu, that the respondent, who studied in Kerala in English and
Vocational Subjects, Physics, Chemistry and Biology, is not eligible
for admission to B.D.S. course in Tamil Nadu as per the regulations.
But the first respondent laid stress on the eligibility certificate
dated 28.7.1998 issued by Mahatma Gandhi University of Kerala State

[You must be registered and logged in to see this link.]

(Thanks to Indiankanoon.org)

Thanks

thanks