The impugned note was quashed as it was found to be contrary to the Rules of 2006, irrational, arbitrary, and discriminatory.

JUDGMENT

1. Petitioners in all the petitions are students who completed their II PUC /XII standard from the Karnataka State PU Board/CBSE/ICSE/Equivalent in the year 2021 and intend to take admission into professional undergraduate Engineering and Technical courses for the academic year 2022-23.

2. The selection of candidates for admission to seats in professional Educational Institutions is governed by the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 (for short, 'the said Rules of 2006') which have been framed in exercise of powers under Section 14 of the Karnataka Educational Institutions (Prohibition of Capitation Fees) Act, 1984.

2.1 Rule 3 of the said Rules of 2006 provides for academic eligibility to gain admission into professional courses, while Rule 4 envisages the method for determination of merit of a candidate for admission to the courses under the Rules. Rule 4(1)(c), which is relevant to the instant petitions contemplates that in respect of Engineering and Technology courses, the merit of a candidate eligible for admission shall be determined with reference to marks obtained by them in the Common Entrance Test (for short, 'the CET') and the marks obtained in Physics, Chemistry and Mathematics subjects in the qualifying examination, both taken in equal proportion. The term 'qualifying examination' is defined in Rule 2(t) to mean 2nd year PU examination/XII standard or any other equivalent examination.

2.2 On account of cancellation of the aforesaid II PUC/XII standard examinations for the year 2021, the petitioners did not appear for the said examinations. However, the petitioners were awarded marks and completed their II PUC/XII standard by way of internal assessment by the respective Boards, pursuant to the Government order dated 05.07.2021 issued by the State Government.

2.3 The Karnataka Examination Authority (for short, 'KEA') is the nodal agency responsible for conducting examinations for admissions to professional courses. The KEA conducted the CET for the purpose of admission to undergraduate courses in Engineering and Technology in the year 2021 as well. In this regard, the State Government issued a notification dated 01.09.2021 amending Rule 4 of the said Rules of 2006 by inserting a proviso, which contemplated that in respect of admission to Engineering and Technology courses, merit shall be determined with reference to only the marks obtained in the CET conducted for the academic year 2021-22.

2.4 Pursuant to insertion of the said proviso, all candidates who intended to take admission to Engineering and Technology courses for the academic year 2021-22 were directed to be selected on the basis of marks obtained by them in the CET conducted for the academic year 2021-22, irrespective of when they had completed their II PUC / XII standard, as the case may be. Accordingly, the CET results were announced and ranks were assigned, based on which, admissions were made taking into account only the CET marks and not II PUC/XII standard marks.

2.5 Subsequently, on 18.04.2022, the KEA published an information bulletin inviting applications from students wishing to appear for the CET in 2022 to gain admission to professional courses, including Engineering and Technology courses for the academic year 2022-23. The said bulletin provided for academic eligibility for Engineering and Technology courses by taking both marks obtained in CET and in qualifying examination in equal proportion. Pursuant to the same, petitioners and other students took the CET in 2022 which was conducted during June-July 2022. Subsequently, on 25.07.2022, the KEA issued a circular directing all ICSE/CBSE candidates who have applied for CET 2022 to upload their XII standard marks in the link published in the KEA website on or before 5:00 pm on 26.07.2022.

2.6 On 30.07.2022, the KEA released the CET results and students' rankings. In addition thereto, the KEA also issued the imp