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2024 Supreme(Ker) 997
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, P.G. AJITHKUMAR, C.S. SUDHA, JJ.
Rajasree S., W/o. Gireesh Kumar C. - Petitioner
Versus
State of Kerala, Represented by Principal Secretary to Government of Kerala, Higher Education Department & Ors. - Respondents
W.P.(C) Nos. 10430 and 12433 of 2019
Decided On : 16-02-2024
For the Petitioner: M/s. Ayyappan Sankar, Jayan John & Smt. S. Hridya.
For the Respondents: Sri. P.G. Pramod, Government Pleader, Sri. Elvin Peter P.J., Standing Counsel and Smt. Mary Benjamin, Standing Counsel.
IMPORTANT POINT
The court established that AMIE candidates are required to have a valid GATE score for M.Tech admission, distinguishing their eligibility from that of B.Tech graduates.
Headnote:
Admission - M.Tech Eligibility - Prospectus Clauses - The court upheld that AMIE candidates must possess a valid GATE score for M.Tech admission, interpreting the prospectus clauses as distinguishing between AMIE and B.Tech qualifications.
Fact of the Case:
The petitioner, an AMIE holder, sought admission to an M.Tech program but was denied due to lack of a valid GATE score, as per the prospectus requirements. The case revolved around the interpretation of eligibility criteria in the prospectus.
Finding of the Court:
The court found that the prospectus clearly stipulated that AMIE candidates must have a valid GATE score for admission, and the interpretation of the clauses was consistent with the established eligibility criteria.
Issues: Whether the interpretation that AMIE candidates require a valid GATE score for M.Tech admission is valid and whether the prospectus clauses create unreasonable classifications.
Ratio Decidendi: The court concluded that the prospectus provisions distinctly require AMIE candidates to have a valid GATE score, and the relaxation clauses do not apply to them, affirming the legality of the admission criteria.
Result: The court upheld the requirement for AMIE candidates to possess a valid GATE score for M.Tech admission.
ORDER :
Does the interpretation given by a Division Bench of this Court in the judgment in W.A.No.1864/2018 (Ext.P13) that an Associate Member of the Institute of Engineering (AMIE) cannot aspire for admission to M.Tech course without a valid GATE score, suffer from any infirmity, is the controversy that needs to be answered in this reference. The clauses of the prospectus which were interpreted to arrive at the aforesaid conclusion, are identical to the clauses in the prospectus (Ext.P7) involved in the case on hand. The parties and the documents will be referred to as described in W.P.(C) No.10430/2019.
2. The relevant clauses of Ext.P7 prospectus issued by the third respondent, namely, the APJ Abdul Kalam Technological University for admission to the post graduate degree course for engineering reads thus-
“V. Eligibility for admission
(a) The candidates shall be an Indian National.
(b) The candidates should have studied the Graduate course in an institution approved by the AICTE / Deemed Universities in India.
(c) Candidates should have a minimum of 60% aggregate marks in the Engineering Degree examination. For SC/ST candidates a pass in the Engineering Degree course is sufficient. For SEBC (OBC) students, a minimum of 54% aggregate marks in the Engineering Degree examination is mandatory.
(d) Candidates, who have passed AMIE / AMIETE Examinations and satisfying the following conditions, are eligible for admission.
(1) They must have valid GATE score.
(2) A minimum of 55% marks for section B in AMIE/AMIETE examination.
(e) Candidates who have appeared for the final semester examination can also apply, provided he/she has passed all the subjects up to and including the 6th semester exam (8th semester for B. Arch students). Confirmation of admission of such candidates shall be subject to the production of qualifying degree-before the date stipulated by the affiliated University.
(f) Admission shall normally be restricted to those with valid GATE score. However, this stipulation is relaxed in the case of Sponsored candidates.
(g) In case seats remain vacant due to lack of candidates with valid GATE score, candidates from Kerala State without valid GATE score will be considered against such vacancies. If seats are still remaining vacant, candidates from other states will be considered for admission.
VIII. Selection of Candidates
1. For Institutions in Annexure A and Annexure B
(a) Candidates will have to register their option while submitting the application.
(b) The selection of Candidates will be supervised by the selection committee consisting of the Director of Technical Education (Chairman), the Senior Joint Director (ECS) and the principal. College of Engineering, Thiruvananthapuram. The Principal, College of Engineering, Thiruvananthapuram will be the co-ordinator and venue of admission work is College of Engineering Thiruvananthapuram.
(c) Selection of candidates will be based on the GATE score. In case of tie, advantage will be given to the candidates who secure highest aggregate marks up to 6th semester in their qualifying examination (8th semester for B. Arch students).
(d) If sufficient GATE qualified candidates are not available, the selection will be made from Keralite candidates based on the aggregate marks up to 6th semester in their qualifying examination (8th semester for B.Arch. students). Candidates who produce Nativity Certificate in original obtained as per Annexure-C, at the time of admission will only be admitted in this case. A Rank List will be published based on the GATE Score/Percentage of marks. Candidates are requested to verify their branch/Marks/Category etc. at the time of publishing draft Rank List. After finalizing the Rank List, any alternation on those factors will not be entertained under any Circumstances.
(e) xxx xxx xxx
(f) xxx xxx xxx
(g) xxx xxx xxx
(h) xxx xxx xxx
(i) xxx xxx xxx
(j) xxx xxx xxx” (Emphasis supplied)
3. Before we proceed to answer the controversy, a brief narration of facts in the referred wri
