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LEENA R.VARGHESE, D/O RAJAN VARGHESE versus THE UNION OF INDIA, REPRESENTED BY THE

High Court of Kerala

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LEENA R.VARGHESE, D/O RAJAN VARGHESE v. THE UNION OF INDIA, REPRESENTED BY THE - WP(C) No. 22856 of 2007(U) [2007] RD-KL 14033 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22856 of 2007(U)

1. LEENA R.VARGHESE, D/O RAJAN VARGHESE,
... Petitioner

2. RAJAN VARGHESE,

Vs

1. THE UNION OF INDIA, REPRESENTED BY THE
... Respondent

2. THE SECRETARY,

3. THE ASSISTANT CONTROLLER OF EXAMINATIONS

4. THE ALL INDIA INSTITUTE OF MEDICAL

For Petitioner :SRI.K.B.PRADEEP

For Respondent :SRI.ABRAHAM THOMAS, CGC

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :25/07/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO.22856 OF 2007

DATED THIS THE 25th DAY OF JULY, 2007



JUDGMENT

The 1st petitioner applied for selection to B.Sc. (Hons.) Nursing Course for this academic year in the quota fixed for Foreign Nationals. According to the petitioners, the 1st petitioner applied in the requisite form on 9.4.2007 by speed post. However, the 1st petitioner received the same only on 24.4.2007 and on 26.4.2007 the forms were duly filled up and forwarded to the 3rd respondent. However, on 10.6.07 the 1st petitioner was informed by the 3rd respondent that the application has to be routed through the diplomatic channel within seven days. The petitioners submit that when the 1st petitioner contacted the Embassy, they informed her that there is no practice of forwarding such applications. In the meantime, the last date for submitting application expired and on 10.7.2007 the list of selected candidates was published. The contention of the petitioners is that since the 1st petitioner's application reached to the 3rd respondent in time, although not through the diplomatic channel, the 1st petitioner is entitled to be considered for admission. On the above ground, the petitioners seek the following reliefs. W.P.(c)No.22856/07 2

"(1) direct the 4th respondent to keep one vacancy in the Foreign National Quota for B.Sc (Hons.) Nursing Course for the year 2007 pending disposal of the writ petition. (2) direct the 4th respondent to furnish the complete address of all the 5 candidates selected for B.Sc (Hons.) Nursing Course for the year 2007". Admittedly, the prospectus contains a provision wherein it is stipulated that the applicants in the quota fixed for Foreign National should apply through the diplomatic channel. That provision in the prospectus is not under challenge before me. Admittedly, the 1st petitioner did not apply through the diplomatic channel. That being so, the proper applications submitted by the 1st petitioner has not reached to the respondents yet. In such circumstances, I do not find fault with the respondents in not considering the 1st petitioner for admission. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed.

S. SIRI JAGAN, JUDGE

Acd W.P.(c)No.22856/07 3


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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