The court upheld the legality of the selection of candidates who appeared for only one of the two papers in the Entrance Examination but were ranked high in the rank list based on the total marks obtained.

SANKARASUBBAN, J.:- The subject matter of these cases is selection to the Engineering and allied courses and M.B.B.S. and allied courses in the colleges in Kerala for the year 1996. Separate prospectus is issued for the Engineering and allied courses and M.B.B.S. and allied courses. The admission is made on the basis of the rank obtained in the Entrance Examination conducted by the Controller of Entrance Examinations.

2. For our convenience, we have grouped the cases into three groups. We heard learned counsel for the petitioners, the Advocate General and other counsel appearing for the respondents. A number of counsel entered appearance. The matter was argued threadbare. We are disposing of these cases on the main disputes raised. We have not considered the individual questions raised. According to us, they are to be looked into by the authorities.

Group No. 1

O. P. Nos. 12291, 12364, 12828, 12833, 12986, 13338, 13340, 13424, 13543, 13571, 13619, 13865, 13870, 13950, 14019, 14038, 14140 of 1996.

...................................

3. Admissions to the various Professional Colleges in Kerala, viz. Engineering, Medicine, Agriculture etc. are done on the basis of an entrance examination conducted by the Controller of Examinations. Previously, separate entrance examinations were conducted for Engineering and allied courses and for M.B.B.S. and allied courses. From the year 1996-97, Government have adopted a scheme of common entrance examination for both Engineering and Medicine. The subjects in which the examinations were conducted are Physics and Chemistry, Mathematics, Biology. The prospectus is issued by the Director of Technical Education Department in the case of Engineering and allied courses and Director of Medical Education in the case of M.B.B.S. and allied courses. The prospectus detailed the courses offered and also catalogued various other informations necessary for the admission. Among other things, the candidate has to indicate choice of college and course in the application. In the case of persons entitled to reservation, they have to produce community certificate. In the case of Backward Classes, in addition to the community certificate, they have to produce income certificate showing that the annual income of the parents is not more than Rs.42,000/-. There were many other prescriptions. The prospectus also stated that the candidates will not be allowed to change the option regarding the college or course subsequently and also that they will not be allowed to produce certificates subsequently.

4. The common entrance examinations for Engineering, Medicine and Agriculture and allied courses for the year 1996-97 were conducted on l8th and l9th of May, 1996. Subsequently, a common rank list was published on 24-6-1996. In the meantime, Government felt the necessity to change the policy with regard to admissions to the self-financing Engineering Colleges in the State. The question that came up for consideration by the Government was regarding the payment seats available in the above colleges. Government was of the view that 50% of the seats in the self-financing colleges should be made free seats in the interest and welfare of meritorious students who found it difficult to get admissions due to financial strains. Hence, pending final decision on the issue, a direction was issued on 6-7-1996 to the Commissioner for Entrance Examinations to postpone the interview and admission to the courses and to fix fresh dates. Subsequently, in the meeting convened on 16-7-1996, Government decided that the interview would commence on 25-7-1996 and admissions would be made to all the Government Engineering Colleges, Engineering Colleges run by the Institute of Human Resources Development in Electronics (IHRDE) and Lal Bahadur Sastri Centre for Science and Technology (LBSC) and free seats in aided Engineering Colleges