The state government has the power to prescribe eligibility criteria for admission to higher education institutions, including technical education institutions, and that such criteria can be higher than those prescribed by the AICTE.

1. HEARD the parties.

2. THE writ petitioner, in the instant case, has, inter alia, prayed for an Order commanding upon the West Bengal State Council for Technical Education (respondent No.4) to act in accordance with law without making any deviation from the Central Act being the All India Council for Technical Education Act, 1987 and in doing so, promptly withdraw the impugned Notification dated 16th June, 2011, as contained in Annexure P-4, whereby and whereunder and in partial modification to the advertisement published in the daily newspaper with regard to the admission of students in the different polytechnic Institutions of West Bengal for the Academic Session 2011 -12 through JEXPO 2011, it notified that the eligibility of the applicant must be, apart from other criteria, that he should have at least 50 per cent marks, in aggregate (45 per cent in case of a candidate belonging to the reserved category).

Petitioner further challenges the Notification published by the West Bengal Council for Technical Education and, as contained in Annexure P-5, being the communication dated 19th April, 2011, whereby and whereunder it's Secretary was purported to have communicated the aforementioned guidelines including the types of admissions. The same also indicates that under, the management quota, the minimum admission criteria would be that 50 per cent of the intake may be filled up through the management quota in the self- financing Institutions.

3. MR. Saikat Banerjee, learned Counsel appearing for the petitioner, has challenged the validity, or otherwise, not only of these Circulars/Notifications but a portion of the Notification dated 15th August, 2011 as contained in Annexure in P-9 whereby and whereunder the aforementioned criteria was slightly modified indicating that the minimum eligibility criteria for admission to such courses would be a Madhyamik passed or equivalent examination passed candidate securing at least 40 per cent in aggregate with 45 per cent marks in Mathematics and Physical Science, taken together.

4. LEARNED Counsel for the petitioner submits, with reference to Annexure P-l, that as per AICT Guidelines, which have been formulated by the Central Government, the minimum eligibility criteria for Engineering and Technology courses has been fixed at 35 per cent and therefore, the Government of West Bengal, Department of Technical Education and Training (Polytechnic Branch) could not have enhanced such criteria to 40 per cent with 45 per cent marks in Mathematics and Physical Science taken together. LEARNED Counsel submits that under the provisions of the 7th Schedule, List I (Union List) it is only the Government of India alone which can coordinate and determine the standards in Institutions for higher education or research and scientific arid technical Institutions and the function of the Government of West Bengal is limited only to matters pertaining to education including technical education but subject to the provisions of Entry 66 of List I and therefore, the impugned Notifications and/or Communications of the Government of West Bengal are totally illegal and ultra vires the Constitution of India.

Learned Counsel then submits that the All India Council for Technical Education Act, 1987 (Act 52 of 1987) was enacted by the Parliament and its preamble, inter alia, indicated that it was an Act to provide for the establishment of such a Council with a view to proper planning and coordinated development of technical educational system through out the country and in that process if they had already fixed aminimum eligibility criteria of 35 per cent marks, the same was in tune with the objects of the Council, which could not have been upset by a fresh set of Rules enforcing higher eligibility criteria by the State. Learned Counsel submits that such an action therefore, amounts not only to an exercise of unconstitutional power by the State but it also amounts to a usurpation of power by the State.

5. WITH re