Radhakrishnan, J,

Question that is posed for consideration in this case is whether the managements of various unaided Engineering Colleges can devise their own method of admissions to the Engineering Courses in their colleges for the year 2007-OS by adding marks obtained by the candidates in the Entrance Examination conducted by the Commissioner for Entrance Examination with the marks obtained by the candidates in Physics. Chemistry and Mathematics in the Plus-two qualifying Examination.

2. Learned single Judge referred the matter for consideration by a larger Bench in view of the ruling of the Division Bench in Lisle Medical & Education Institutions State of Kerala (2007 (1) KLT 409) setting aside S.3 of Act 19 of 2006 which insisted on admissions only from the rank list prepared on the basis of the State Entrance Examination. Proposals were made by the petitioner before the Admission Supervisory Committee for adding the marks obtained by the candidates in the qualifying examination with that of the Entrance Examination following an equalisation method for rationalisation. Committee which was constituted under S.4 of Act 19 of 2006 expressed the view that since this Court has struck down S.3 of Act 19 of 2006. the admissions to self financing professional colleges have to be governed by the decisions of the Supreme Court including the decisions in Inamdar s v. State of Maharashtra (2005 (4) KLT SN 3 (C.No. 3) SC = (2005) 6 SCC 537) and Mridul Due v. Union of India & Ors. (2005 (1) KLT 723 (SC) ( 2005) 2 SCC 65) Admission Supervisory Committee took the view that as per the judgment in lnamdar's case the management can either select the students by conducting a Common Entrance Test by the consortium of all the Private Engineering Colleges or from the list prepared by the Commissioner for Entrance Examination. Management submitted a detailed reply by their letter dated 12th March, 2007. Reference was made to the decision of the Apex Court, in TM.,. Poi Foundation case and stated that every Private Unaided Institution has the right of a rational selection which it devises for itself. The only requirement or control is that the rules for the admission should be subject to the rules of the university as to eligibility and qualification. Further it was also pointed out that the Private Unaided Colleges have the right to admit students of their choice subject to an objective and rationale procedure of selection. Admission Supervisory Committee however. passed an order dated 21-3-2007 stating that in order to determine the merit of the candidates there is a recognised State authority in the State of Kerala viz., State Entrance Commissioner and he prepares the rank list every year on the basis of merit of the students as obtained in the Entrance Test. Therefore the managements can adopt the procedure of selecting the students for admission from the rank list prepared by the State Entrance Commissioner for the seats set apart for management. Further it was also pointed out that once the merit of the candidate is determined in a competitive examination it cannot be denied or curtailed by a process of adding marks obtained in the qualifying examination. It was also stated that the method of addition of marks suggested by the petitioner cannot be said to be fair, transparent and merit based. Further it was also stated that equating the marks obtained by candidates in qualifying examinations in Standard X and XII without working out equivalence among the different Boards conducting the qualifying examinations, cannot be treated to be a safe or proper method. Committee therefore directed the managements of Engineering Colleges to adopt the procedure for selection of students to the Engineering Course for the academic year 2007-08 from the rank list prepared as per the result obtained in the Common Entrance Test conducted by the State Entrance Commissioner.

3. Senior counsel appearing for the petitioner attacked the above mentioned o