JUDGMENT

R. V. RAVEENDRAN J.,

Leave granted. Heard.

2. The Government of Kerala by G.O. dated 13.11.2002, accorded sanction for admitting the diploma-holders in the state, directly to the second year of the engineering degree (B.Tech) course, subject to the concurrence of the All India Council for Technical Education (AICTE for short) and the universities concerned. The appellant university decided to implement such lateral entry scheme, vide its order dated 21.2.2003.

3. AICTE made and notified the regulations to govern admission of students in Engineering degree programmes through lateral entry vide 2 Notification dated 12.1.2007. Regulation 6.1. relating to admission of diploma holders is extracted below: "6.1 (a) Admission of Diploma Holders. Although engineering diploma programmes are conceived as terminal in nature, some flexibility has to be built in to enable the meritorious amongst diploma holders to obtain Engineering degrees. There is evidence of diploma holders pursuing an Engineering programme having performed well not only in their academic careers but also in their jobs. 6.1 (b) Eligibility. For being eligible to seek lateral entry to engineering degree programme at the second year/third semester level, a candidate must have passed the diploma in Engineering in the relevant branch with a minimum of 60 percent in the aggregate. Only candidates fulfilling these conditions would be eligible for appearing in the entrance test meant for selection of diploma holders for Lateral entry to degree programmes. The selection of candidates will be based on an entrance test, the merit ranking in the test being the basis of admission. At present students obtain diploma through different programmes in different States/UTs. Such programmes have different structures and forms like the semester pattern, annual pattern, sandwich pattern, etc. In order to maintain uniformity, a common entrance examination seems essential. Further, it is necessary to select only meritorious students who have passed the diploma with good academic record. x x x x x x. The affiliating university may prescribe compensatory courses to make up deficiencies for diploma holders, who are admitted through lateral entry." (emphasis supplied)

4. The Director of Technical Education, Government of Kerala, published the Lateral Entry Scheme approved by the state government, by G.O. dated 28.5.2008. The said scheme provided that the candidates who 3 had passed the diploma in engineering, having a minimum of 60% marks (with appropriate relaxation for reservation category students) and who had appeared in the State level entrance test and secured a minimum of 20% marks in the entrance test, will be admitted to the second year/third semester of B.Tech. course under the Lateral Entry Scheme. Relevant portion of clause 9 of the scheme are extracted below: "9. Entrance Examination 9.1 State level Entrance Test for a duration of 2 hours will be conducted by the LBS Centre for Science and Technology, Thiruvananthapuram for the selection of candidates for admission to second year/third semester B.Tech course under the Lateral Entry Scheme. xxxxx 9.3 Candidates shall secure a minimum of 20% marks for the entrance test. 9.4 The Entrance Test will be on selected subjects of first year B.Tech course and English language as per the scheme and syllabus given in the annexure D. The rank list will be published by LBS Centre."

5. The appellant University learnt that several self-financing engineering colleges had admitted diploma holders who had not secured the minimum of 20% marks in the entrance test to the second year of the B.Tech. course. Therefore it sent a circular dated 18.3.2009 calling upon the self-financing engineering colleges to furnish the details regarding the percentage of marks secured by the diploma-holders admitted to the second year of the 4 engineering course under the Lateral Entry Scheme. The colleges were also informed that unless such information was furnished