The court emphasized the importance of adhering to AICTE guidelines for admission of diploma holders in engineering degree programs and the need for equivalence of examination in admission decisions.

( 1 ) THIS writ petition has been heard alongwith similar other writ petitions but since the course for which the petitioners of this writ petition had applied are different, they are being disposed of separately, although hearing in those writ petitions were made jointly.

( 2 ) HEARD learned Counsel for the petitioners Sri H. S. N. Tripathi for the petitioners Sri Ramesh upadhyay and learned Standing Counsel for the respondents.

( 3 ) THE brief facts of the case are that applicants were invited through advertisement published in the daily newspaper Dainik Jagran dated 25-7-98 for direct admission in B. E. /b. Tech and B. Arch for different branches of Government and Private Engineering Colleges of U. P. The requirement for the course was Diploma in any branch of Engineering having 10 + 2 examination with Physics, Chemistry and Mathematics of first year B. E. /b. Tech/b. Arch. For this purpose a combined Entrance examination was conducted by the Motilal Nehru Regional engineering College, Allahabad. All the petitioners appeared in the examination held on 9-8-98. The result of the examination was declared and the name of all the petitioners find place in the select list at various places. But they were denied admission. Being aggrieved they filed the above mentioned writ petitions.

( 4 ) IN the counter-affidavit, it has been stated that exercise of powers conferred by Section 23 of the All India Council for Technical Education Act, 1987, the All India Council for Technical education (hereinafter referred to as A. I. C. T. E.) has issued guidelines to be followed for admission of diploma in engineering degree programme. Prior to this there was no provisions for admission of diploma holders in engineering colleges as diploma holders have specialized their studies in a particular branch in the last 3 to 5 years. Hence provisions have been made for admitting candidates who have passed diploma in engineering in the relevant branch only. As a result of the decision of the State Government permitting diploma holders to appear in second year admission test, advertisement was made according to the guidelines of the A. I. C. T. E. for being eligible to seek lateral entry to an engineering degree programme at the second year/third semester level a candidate must have passed Diploma in Engineering in the relevant branch with a minimum of 60 percent in the aggregate and only candidates fulfilling this condition would be eligible for appearing in the entrance test meant for selection of diploma holding candidates for lateral entry to degree programmes. The petitioners of this writ petition namely Rajendra Krishna yadav, Sunil Kumar Singh and Naresh Kumar Tiwari find place at S. Nos. 496, 545 and 298 respectively. Petitioner No. 1 belonging to Backward Class while petitioner Nos. 2 and 3 are candidates from General Category. They appeared in the final year of Diploma course in Dairy engineering. They filled up their forms for admission in Second Year Degree Course in Food technology. It is alleged in the writ petition that Dairy Engineering is a relevant branch for Food technology and the petitioners fulfilled the qualifications according to the guidelines issued by the A. I. C. T. E. for admission. It has been denied in the counter-affidavit that the course of study of Dairy Engineering and of Food Technology are the same.

( 5 ) A supplementary affidavit has been filed at a later stage received by the learned Counsel for the respondents on 16-3-99, through which a copy of the information brochure for U. P. State engineering Admission Test, 1999 issued by U. P. S. E. T. , 1999 has been filed as Annexure-1, in which admission to First Year and in Second Year only for 1 to 4 years Diploma Holders, b. E. /b. Tech Arch/ii Tech (Ag. Engg.)/b Pharma Course Entrance Test was to be held in which it was indicated that course in which the candidates having 3/4 year diploma with minimum 60 percent marks recognized by the U. P. Board of