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1980 Supreme(Kar) 230

Karnataka High Court
V.SHYAM PRASAD - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 09-18-80

The central legal point established is that the University's decision on eligibility for admission to a course is final and conclusive, and no other authority can question it.

Headnote:

Diploma Qualification - Eligibility for Admission to Part-Time B.E. in Mechanical Engineering - Rule 3(2) - Diploma in Mechanical Engineering - University's Decision on Eligibility

Fact of the Case:

The petitioners, possessing diploma qualifications in specialized branches of Mechanical Engineering, sought admission to the I Semester B.E. in Mechanical Engineering (Part-Time) but were not selected. They filed writ petitions challenging their non-selection.

Finding of the Court:

The court found that the petitioners, despite possessing diplomas in specialized branches, were eligible for admission to the part-time B.E. in Mechanical Engineering based on the University's decision on eligibility.

Issues: The main issue was whether the petitioners, with diploma qualifications in specialized branches, were eligible for admission to the part-time B.E. in Mechanical Engineering.

Ratio Decidendi: The court held that the petitioners, possessing diplomas in Mechanical Engineering, were eligible for admission based on the University's decision, which was deemed final and conclusive on the question of eligibility.

Final Decision: The court made the rule absolute, issued a writ of mandamus to the selection committee to consider the petitioners for admission, and permitted the Government Pleader to file a memo of appearance within two weeks.

( 1 ) IN these two writ petitions, the only question that arises for consideration is whether the petitioners, who possess diploma qualification in Mechanical Engineering in specialised branches awarded by the Department of Technical Education of the State Government, are eligible for admission to the I Semester B. E. , in mechanical Engineering (General) (part- time ).

( 2 ) THE first petitioner, Shyam Prasad, secured Diploma in Mechanical Engineering (Heat Power Technology) in April 1977. The second petitioner, Rama prasad, secured Diploma in Mechanical engineering (Automobiles) in April 1972. The State Government has framed rules prescribing the conditions of eligibility for admission to the said course which is obviously based on regulations framed by the University. The relevant portion of rule 3 (2) reads as follows :" 3. Eligibility :- (1) XX XX (2) No person shall be eligible to apply for admission to a part-time course in any College unless :- xx xx (c) he is a holder of a diploma in the appropriate branch of Engineering granted by the Board of Technical Examinations in Karnataka or any other examination declared as equivalent thereto by the concerned University in karnataka: xx xx (e) he has, as on the date of inviting applications, not less than three years' professional experience in the branch of engineering in which he holds a diploma gained after passing 'the examination leading to such diploma :"the petitioners submitted their applications seeking selection and admission for the I Semester B. E. , in Mechanical Engineering (part-time) during the academic year 1980-81 to the second respondent- selection committee-appointed by the state Government. According to the petitioners, in addition to the Diploma qualification possessed by them, they had also three years professional experience, which is also another condition of eligibility. The petitioners were not selected for admission to the I Semester B. E. , in mechanical Engineering (Part-Time ). Thus, students, who have secured lower marks than the petitioners were selected. Hence the petitioners have presented these writ petitions.

( 3 ) SRI G. R. Nataraj, learned High court Government Pleader, appearing for the selection-committee submitted that according to rule 3 of the rules regulating selection, the petitioners are not eligible for selection to the I Semester B, E. , in mechanical Engineering (Part Time) as they do not possess the Diploma in the appropriate branch of Engineering. He pointed out that the petitioner in W. P. 16784 of 1980 possessed Diploma in the special subject of 'heat power technology' and the petitioner in W. P. 16785 of 1980 possessed Diploma in the special subject of 'automobile engineering' and, therefore, they were not eligible for selection. He submitted that in the opinion of the selection committee only candidates, who possessed Diploma in 'mechanical Engineering (general) 'were eligible for selection and, therefore, the cases of the petitioners could not be considered for selection.

( 4 ) LEARNED counsel for the petitioners submitted that the Part-time B. E. Degree course to which they were seeking admission was B E. , Degree in Mechanical engieering and in the B. E. , degree course there is no classification of Mechanical engineering as 'general' and 'special' and, therefore, every candidate, who possessed diploma in Mechanical engineering either 'general' or in any special subject, was eligible for selection. He pointed out that notwithstanding the fact that the petitioners had taken special subjects in the diploma course, the fact remains that their qualification was Diploma in mechanical engineering and, therefore, they were eligible for selection. He further submitted that on the question of condition of eligibility for admission to university course, the decision of the university is final and according to the university, candidates possessing Diploma in Mechanical engineering even in a special subjects are eligible for Part




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