Back
2005 Supreme(SC) 256
SUPREME COURT OF INDIA
Y.K. SABHARWALAND P.P. NAOLEKAR, JJ.
NIMESH MEHTA PETITIONER;
VERSUS
STATE OF MAHARASHTRA AND OTHERSRESPONDENTS.
SLP (C) NO. 14460 OF 2004, DECIDED ON FEBRUARY 14,2005
ADVOCATES WHO APPEARED IN THIS CASE:
P.R. PAREKH, ROHIT ALEX AND RAJEEV MISHRA, ADVOCATES FOR P.R. PAREKH & CO., ADVOCATES, FOR THE PETITIONER;
RAVINDRA KESHAVRAO ADSURE, S.K. NANDY, S.Y. DESHPANDE, RAKESH UTTAMCHANDRA UPADHYAY, SANJAY Y. KHARDE AND MS CHANDAN RAMAMURTHI, ADVOCATES, FOR THE RESPONDENTS.
P.R. PAREKH, ROHIT ALEX AND RAJEEV MISHRA, ADVOCATES FOR P.R. PAREKH & CO., ADVOCATES, FOR THE PETITIONER;
RAVINDRA KESHAVRAO ADSURE, S.K. NANDY, S.Y. DESHPANDE, RAKESH UTTAMCHANDRA UPADHYAY, SANJAY Y. KHARDE AND MS CHANDAN RAMAMURTHI, ADVOCATES, FOR THE RESPONDENTS.
Headnote:
A. Constitution of India, Articles 19(1)(g) and 30(1) - Admission in Professional unaided (minority and non-minority) educational institutions - Procedure for holding of Common Entrance Test - Supreme Court permitted the State of Maharashtra to conduct the Common Entrance Test (CET) in respect of Degree Engineering courses for three subjects i.e. Mathematics (100 marks), Physics (50 marks) and Chemistry (50 marks), totalling 200 marks- State Government also permitted to provide for eligibility to the said courses on securing at least fifty per cent aggregate marks for the general category and forty-five per cent aggregate marks for the reserved category ( para 1 )
Amendment of Norms for admission- A.I.C.T.E., by public notice amended the existing norms for admission to various courses, including the Degree Engineering course-
Amendment providing, that a candidate should have passed 10+2 examination with Physics and Mathematics as compulsory subjects along with any of the following subjects: (a) Chemistry (b) Bio-technology (c) Computer Science (d) Biology - It was found that Biotechnology was not at all taught in schools in Maharashtra and Computer Science was not available to the students till 10th standard - Therefore before any amendment to the existing norms is introduced, a prior notice should be given to the students at the time when they have to opt for the subjects - An exercise is also required to be conducted by A.I.C.T.E. to find out the availability of the subjects and their extent in other parts of the country -In this regard an affidavit to be filed within four weeks showings detailed position of relevant facts along with the relevancy of the newly introduced subjects. [Para 2]
ORDER
1. HAVING HEARD THE LEARNED COUNSEL FOR THE STATE OF MAHARASHTRA (RESPONDENT 1), DIRECTORATE OF TECHNICAL EDUCATION (RESPONDENT 2), ALL-INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) (RESPONDENT 3) AND ASSOCIATION OF MANAGEMENT OF UNAIDED PRIVATE ENGINEERING COLLEGES OF MAHARASHTRA AND ON PERUSAL OF THE RECORDS, INCLUDING THE AFFIDAVIT FILED ON 4-1-2005 ON BEHALF OF THE STATE OF MAHARASHTRA, WE PERMIT THE STATE OF MAHARASHTRA TO CONDUCT THE COMMON ENTRANCE TEST (CET) IN RESPECT OF DEGREE ENGINEERING COURSES FOR THREE SUBJECTS I.E. MATHEMATICS (100 MARKS), PHYSICS (50 MARKS) AND CHEMISTRY (50 MARKS), TOTALLING 200 MARKS. WE ALSO PERMIT THE STATE GOVERNMENT TO PROVIDE FOR ELIGIBILITY TO THE AFORESAID COURSES ON SECURING AT LEAST FIFTY PER CENT AGGREGATE MARKS FOR THE GENERAL CATEGORY AND FORTY-FIVE PER CENT AGGREGATE MARKS FOR THE RESERVED CATEGORY IN THE AFORESAID THREE SUBJECTS.
2. THE THIRD RESPONDENT AICTE, BY PUBLIC NOTICE DATED 16-2-2004, AMENDED THE EXISTING NORMS FOR ADMISSION TO VARIOUS COURSES, INCLUDING THE DEGREE ENGINEERING COURSE, WITH WHICH WE ARE CONCERNED. THE SAID PUBLIC NOTICE, INTER ALIA, PROVIDES, AS MINIMUM QUALIFICATION, THAT A CANDIDATE SHOULD HAVE PASSED 10+2 EXAMINATION WITH PHYSICS AND MATHEMATICS AS COMPULSORY SUBJECTS ALONG WITH ANY OF THE FOLLOWING SUBJECTS: (A) CHEMISTRY (B) BIOTECHNOLOGY (C) COMPUTER SCIENCE (D) BIOLOGY. THE LEARNED COUNSEL FOR THE STATE OF MAHARASHTRA HAS BROUGHT TO OUR NOTICE THAT BIOTECHNOLOGY IS NOT AT ALL TAUGHT IN SCHOOLS IN MAHARASHTRA AND INSOFAR AS COMPUTER SCIENCE IS CONCERNED, IT IS NOT AVAILABLE TO THE STUDENTS TILL 10TH STANDARD. PRIMA FACIE, IT IS EVIDENT THAT BEFORE ANY AMENDMENT TO THE EXISTING NORMS IS INTRODUCED, A PRIOR NOTICE SHALL BE GIVEN TO THE STUDENTS AT THE TIME WHEN THEY HAVE TO OPT FOR THE SUBJECTS, PARTICULARLY, OPTIONAL SUBJECTS. FURTHER, AN EXERCISE IS ALSO REQUIRED TO BE CONDUCTED BY AICTE TO FIND OUT THE AVAILABILITY OF THE SUBJECTS AND THEIR EXTENT IN OTHER PARTS OF THE COUNTRY AS SOME ARE HIGH-SCORING SUBJECTS AND SOME ARE LESS-SCORING SUBJECTS. IN THIS VIEW, BEFORE FURTHER CONSIDERING AS TO THE PERIOD FROM WHICH THE AMENDMENT SHOULD AT ALL COME INTO EFFECT OR NOT, THE THIRD RESPONDENT SHALL FILE AN AFFIDAVIT WITHIN FOUR WEEKS PLACING ON RECORD THE DETAILED POSITION OF RELEVANT FACTS ALONG WITH THE RELEVANCY OF THE NEWLY INTRODUCED SUBJECTS.
3. THE LEARNED COUNSEL FOR THE STATE OF MAHARASHTRA HAS ALSO BROUGHT TO OUR NOTICE THAT FOR THE PURPOSE OF BEING ELIGIBLE TO THE DEGREE ENGINEERING COURSE, IT IS MANDATORY FOR A CANDIDATE TO QUALIFY IN ENGLISH SUBJECT IN THE 10+2 EXAMINATION.
COURT MASTERS
