Calcutta, May 16: Calcutta High Court today observed that no educational institution had the right to cancel the registration of a student already admitted to a course on the ground of failure to secure the cut-off marks in the school-leaving exam, adding eligibility criteria had to be checked at the time of admission.

Justice Debangshu Basak made the observation while hearing a petition filed by three students of Apollo Gleneagles Nursing College who were barred from appearing for the Part III exam on the ground that they had not got 50 per cent in each of the three science subjects - physics, chemistry and biology - in their higher secondary exam, the minimum marks required for applying for the nursing course.

The court ordered the West Bengal University of Health Sciences (WBUHS), to which the college is affiliated, to allow the trio to continue with their studies.

"The university authorities will permit the petitioner students to pursue their course till its completion in accordance with the law. They will be permitted by the authorities to fill up the forms for the Part III examination and take the same. Their Part III examination results will be published along with the other candidates," Justice Basak said in his judgment.

"The eligibility of a candidate for admission has to be decided at the time of granting of admission itself. Subsequent thereto, save the candidate is guilty of suppression or misrepresentation or fraud, his or her right to continue with the course cannot be withdrawn," the judgment added.

The three students - Ellora Bishoi, Tamalika Panja and Piyali Khanra - had taken admission to the four-year course in 2013 and have cleared the Part I and II exams.

A WBUHS official said both the college and the university "should have checked the mark sheets" before admitting the three students. "The students did not fulfil the criteria.... This was not detected (at the time of admission) as they appeared for the Part I and II exams. But we did not allow them to apply for the Part III exam after we found that they had not qualified," the official said.

"We have not seen the high court order. We have decided not to challenge it on humanitarian grounds," the official added.

Rupali Basu, managing trustee, Apollo Gleneagles Hospitals Educational Trust, said: "We agree with the high court order. We have always been with the students and we will continue to be with them so that they become good nurses."

Ellora, a resident of Goaltore village in West Midnapore, passed the higher secondary exam in 2013. The same year, she appeared for the West Bengal Joint Entrance Examinations Board exam for admission to the nursing course. She took admission to Apollo Gleneagles Nursing College in Calcutta.

Last October, when she applied for the Part III exam, to be held in June this year, the WBUHS declined to issue her a form. The college authorities informed her that as she had not got 50 per cent marks in physics in the higher secondary exam, she would not be allowed to take the Part III exam. The university cancelled her registration.

The college authorities told Ellora that according to WBUHS rules, nursing students must get 50 per cent marks each in physics, chemistry and biology.

Ellora moved the high court against the WBUHS.

Appearing on her behalf, lawyer Ekramul Bari told the court: "The university authorities have no right to curb the fundamental right of any student. It is the fundamental right of every student to complete a course after qualifying in the admission test."

He added: "When the university authorities allowed my client to take admission to the course and also appear for the Part I and II exams, they do not have the right to cancel her registration midway."

During the hearing of the case, two other students of Apollo Gleneagles Nursing College, Piyali and Tamalika, approached Bari and expressed their wish to be included as additional petitioners.

The duo were not allowed to apply for the exam as they had got below 50 in chemistry in the higher secondary exam.

Siddhartha Banerjee, the lawyer appearing for the WBUHS, had said in court the three students had "suppressed facts" at the time of admission.

Bari, however, had showed the judge documents to prove that the three students had submitted their higher secondary exam mark sheets at the time of admission.