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2012 Supreme(Mad) 3727
High Court of Judicature at Madras
N. PAUL VASANTHAKUMAR
Minor Y. Vandana rep. by her father & natural guardian G. Yuvaraj
Versus
Commissioner of Technical Education, Chennai & Others
WRIT PETITION NO. 16170 OF 2012 M.P. NOS. 1,2,3 & 5 OF 2012
Decided On : 03-09-2012
For the Petitioner:K. Doraisami, Sr. Adv. for Kandhan Doraisami, Advocate.
For the Respondents:R1 & R3 - P.H. Arvind Pandian, Additional Advocate General assisted P. Sanjai Gandhi, Additional Government leader & Shanmugasundaram, R2- N.Muralikumaran, Advocates.
Ratio
University could not prescribe that a particular course of study is not eligible for admission to a particular course when the higher academic body on that subject prescribed otherwise.
Headnote:(A)Architects Act, 1972(20 of 1972)-Sec.21, 45-Education-Architecture-Admission-Eligibility-Criteria-State Government-University-Competency-In the matter of admission of students to architecture course, the Council of architecture had approved the subject Business mathematics as eligible course but the University did not accept this subject which was challenged by an aggrieved student-While the petitioner contended that the University could not take a decision contra to the one approved by the Council, University contended that it could prescribe higher norms and the decision disapproving the subject business mathematics amounted to prescribing higher norms-Held, the decision of the University holding that the subject business mathematics was not eligible, when the subject was accepted by the Council as eligible, was bad in law and it could not amount to prescribing higher norms and the University could not do it-Order of the University holding the subject Business mathematics as not eligible for admission was set aside and it was directed to admit the petitioner.
(B)Architects Act, 1972(20 of 1972)-Sec.21, 45-Education-Architecture-Admission-Eligibility-Criteria-State Government-University-Competency-University could not prescribe that a particular course of study is not eligible for admission to a particular course when the higher academic body on that subject prescribed otherwise.
Thus it is clear that the circular issued by the first respondent cannot be treated as fixing higher norms. If it is coming within the purview of higher norms, the State may be justified in sustaining the contention as per the judgments of the Supreme Court. Para 19
1. The petitioner, who is aspiring for admission to B.Arch degree course in anyone of the colleges affiliated to Anna University, Chennai-25, has filed this writ petition challenging the circular issued by the first respondent dated 30.4.2012 to quash the wordings "Business Mathematics not eligible" occurring under Note to Clause 1 of Guideline No.13 and to direct the first respondent to consider the application No.1920 of the petitioner for admission to B.Arch degree Course 2012-2013.
2. The brief facts necessary for disposal of the writ petition are that the petitioner passed Plus Two (+2) examinations held in March, 2012 from the Tamil Nadu State Board and secured 1130 out of 1200 marks. Petitioner passed Business Mathematics as one of the subject in Plus Two and appeared for National Aptitude Test in Architecture, conducted by the second respondent, Council of Architecture. She scored 82 out of 200 marks in the Aptitude Test. The eligibility prescribed for admission to B.Arch degree course fixed by the second respondent is 80 out of 200 marks in Aptitude Test. Petitioner belongs to Puthirai Vannan community, which is recognised as Scheduled Caste community by the State Government. The Tahsildar, Mylapore-Triplicane Taluk issued community certificate, certifying that the petitioner belongs to Scheduled caste community.
3. Petitioner applied for admission to B.Arch degree course with registration No.1920. An objection was raised based on the circular of the first respondent dated 30.4.2012 stating that the candidates, who studied Business Mathematics paper in Plus Two, are not eligible for admission to B.Arch degree course. It is the contention of the petitioner that the syllabus and course contents of Business Mathematics is similar to the syllabus and course contents of other branches of Mathematics and there is no material to declare that the candidates, who took Business Mathematics in Plus Two are ineligible for admission to B.Arch degree course. The second respondent by communication dated 18.6.2012 addressed to the first respondent certified that the candidates with Business Mathematics are eligible for admission to B.Arch course. In view of the said clarification issued by the second respondent, which is the supreme authority as far as Architecture Course is concerned, the stand taken by the first respondent through his circular is illegal and unsustainable. Hence the petitioner has filed this writ petition challenging the said circular with consequential prayer for admission to B.Arch course in 2012-2013.
4. The first respondent has filed counter affidavit contending that in the Co-ordination Committee Meeting for admission to 2012-2013 was held on 30.3.2012 and this subject was discussed which noted that the subject Mathematics is taught at Plus Two level focusing on science/Engineering/Architectural streams and the subject Business Mathematics is taught primarily for commerce students and the syllabus for the subjects in Mathematics and Business Mathematics are not identical. For admission to Engineering/Architectural programme, the students, who have studied Mathematics focusing on science/Engineering/ Architectural stream alone can be considered as eligible for pursuing B.Arch degree course. In the counter affidavit it is further stated that based on the resolution adopted by the Tamil Nadu Engineering Admission Co-Ordination Committee, the first respondent issued guidelines by circular dated 30.4.2012 and there is no illegality in the said decision communicated through the impugned circular.
5. In view of the said stand taken in the counter affidavit, the petitioner has filed M.P.No.4 of 2012 praying to call for a report from the second respondent as to whether the course contents of Business Mathematics offered in Plus Two in Tamil Nadu will satisfy the eligibility criteria for admission to B.Arch course in the opinion of the concerned Committee Members of the Council for Architecture, pending dis
