B.S. Patil, J.— Petitioner is a student presently studying in the 1st semester of Bachelor of Engineering (BE) course in Information Science and Engineering in the 3rd respondent-College. He is admitted to the BE course during the academic year 2007-08. He claims to belong to scheduled caste community of 'MALO' in the State of West Bengal Petitioner has passed his plus-two examination of the West Bengal Council of Higher Secondary Education during 2007 securing in all 132 marks out of 300 in the elective subjects. The break-up of marks obtained by him is Physics 41, Maths 44, Chemistry 47. Thus, in the optional subjects, he has secured overall 44% marks.

2. The 3rd respondent college sought for approval of admission of the petitioner from the 1st respondent-University. The University issued communications dated 27.12.2007 and 07.12.2007 vide Annexures M and K respectively informing that admission of petitioner was not approved as the marks obtained by him in the optional subjects were less than prescribed. The University further stated that the petitioner-student did not fulfill the eligibility criteria in that regard, as per the Government Order in force. Challenging these two communications and seeking a direction to the University to approve his admission he has filed this writ petition. He has also sought for a declaration that as he belonged to Scheduled Caste he was entitled for reduced eligibility criteria extended to Scheduled Castes in the State of Karnataka. Further, he has sought for a declaration that the regulations of AICTB as per Annexure D would govern his admission.

3. Learned Senior Counsel Sri Madhusudan R. Naik appearing for the petitioner has urged the following contentions.

(a) The eligibility criteria fixed as per the AICTE norms prevail over the Regulations framed by the State Government or the University.

(b) The respondent University has erred in considering the petitioner ineligible when admittedly he belonged to Schedule Caste for whom the minimum marks fixed is 40% even as per the state govt. prescription. In this regard he contends that the action of the University was illegal in not extending the benefit of relaxed eligibility in the percentage of marks applicable to the Scheduled Castes on the ground that the petitioner was from outside Karnataka. Counsel submits that the claim for relaxed eligibility is different from the claim for reservation and hence insistence on a minimum of 50% in respect of candidate belonging to Scheduled Castes merely because he was a candidate hailing from outside Karnataka is illegal and untenable.

(c) The rules framed by the State Government apply to selection of candidates for admission to govt. seats only and not to the Management seats.

(d) His last contention is that keeping in mind the studies prosecuted by the student and the injury and hardship that he will be subjected to if he is made to discontinue the course, a lenient and equitable consideration may be adopted as is done in Marri Chandra Shekhar Rao Vs. Dean, Seth G.S. Medical College and Others, (1990) 92 BOMLR 294.

Learned Senior Counsel has placed reliance on the following decisions:

i. State of T.N. and Another Vs. Adhiyaman Educational and Research Institute and Others, JT (1995) 3 SC 136

ii. Medical Council of India Vs. State of Karnataka and Others, AIR 1998 SC 2423

iii. Dr Preeti Srivastava and Another Vs. State of M.P. and Others, AIR 1999 SC 2894

iv. Karan Goel v. Registrar, Rajiv Gandhi University of Health Sciences and Anr. Bangalore W.P. 52342/2003 disposed on 29/01/04.

4. Learned Senior Counsel appearing for the respondent University Sri Basavaprabhu S. Patil has strongly resisted the claim made by the petitioner. Taking the Court through the statement of objections filed, he has contended that the rules framed by the state govt. known as Karnataka Selection of Candidates for Admission to Govt. seats in Professional Educational Institutions Rules, 2006 are also applicable to Management quota se