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HIGH COURT OF KERALA
K.BALAKRISHNAN NAIR, P.BHAVADASAN, JJ
JIKKU PAUL – Appellant
Versus
THE M.G.UNIVERSITY – Respondent
WP(C)/11446/2009
Education - Engineering Admissions - AICTE Guidelines, State Government Prospectus - The court examined the eligibility requirements for B.Tech admissions under the lateral entry scheme, focusing on the interpretation of AICTE guidelines and state regulations regarding entrance test scores.
Fact of the Case:
The petitioners, diploma holders in engineering, secured admission to B.Tech programs but failed to meet the 20% threshold in an entrance test mandated by the state government. Their admissions were not approved by the university, prompting them to file writ petitions.
Finding of the Court:
The court found that the AICTE guidelines do not stipulate a minimum score in the entrance test for admission under certain conditions, and that the petitioners' admission should be recognized as valid since seats remained unfilled.
Issues: Whether the requirement of obtaining 20% marks in the entrance test for eligibility to pursue B.Tech under the lateral entry scheme was enforceable when seats were available.
Ratio Decidendi: Admissions to the B.Tech course should honor the eligibility criteria set by the AICTE, and the state government's additional requirement of a minimum test score does not apply when sufficient seats are available.
Final Decision: The Writ Petitions were allowed, affirming the petitioners' admissions and directing the university to register them for examinations.
JUDGMENT
Balakrishnan Nair, J.
The petitioners in these Writ Petitions are Diploma holders in different branches of Engineering. They obtained admission to B.Tech course in the concerned subjects in different Self Financing Colleges. For admission to Degree courses in Engineering in Government/Private Engineering Colleges, the Government are conducting an Entrance Test. As per the prospectus issued by the State Government, apart from the essential academic qualification (Diploma in the concerned subject with 60% marks), the candidates should secure 20% marks in the Entrance Test, for being eligible to be admitted to any Engineering course. In the case of the petitioners, they have failed to secure 20% marks in the Entrance Test. But, they were admitted to B.Tech course. The University did not approve their admission and declined to accept their applications for the semester examination concerned. In that context, these Writ Petitions were filed. Pursuant to the interim orders of this Court, the petitioners were able to take the examination and continue their studies. Since the same point is raised in all these Writ Petitions, they are being heard and disposed of by this common judgment.
2. W.P.(C) No.11446/2009: This Writ Petition is treated as the main case for the purpose of referring to the parties and exhibits. The petitioners are students of Matha College of Technology, North Parur, which is a Self Financing College in the private sector. Ext.P1 is the scheme published by the All India Council for Technical Education (for short “A.I.C.T.E.”) for admission of students under the Lateral Entry System, for Engineering courses. Clause 6.1(b) of Ext.P1 deals with the eligibility for admission. The said clause reads as follows:
“For being eligible to seek lateral entry to an Engineering degree programme at the second year/third semester level, a candidate must have passed the diploma in Engineering in the relevant branch with a minimum of 60 percent in the aggregate. Only candidates fulfilling these conditions would be eligible for appearing in the entrance test meant for selection of diploma holders for lateral entry to degree programmes. The selection of candidates will be based on an entrance test, the merit ranking in the test being the basis of admission.
At present students obtain diploma through different programmes in different States/UTs. Such programmes have different structures and forms like the semester pattern, annual pattern, sandwich pattern, etc. In order to maintain uniformity, a common entrance examination seems essential. Further, it is necessary to select only meritorious students who have passed the diploma with good academic record.
A student who has acquired a diploma in Engineering through a minimum of three years of institutional study after 10+(Secondary School Leaving Certificate Examination) can be considered to be academically equivalent to a student who has passed the first year of the four year Engineering degree programme for which the qualifying examination is of the 12+ level.
The Affiliating University may prescribe compensatory courses to make up deficiencies for diploma holders, who are admitted through lateral entry.”
Clause (8) of Ext.P1 deals with the interpretation of the scheme. If there is any dispute regarding interpretation of any of the clauses of Ext.P1, the clarification issued by the A.I.C.T.E will be binding on all concerned.
3. Pursuant to Ext.P1, the Government issued Ext.P2 order, permitting admission to degree courses in Engineering under the Lateral Entry System. Ext.P3 is the order of the M.G. University concerning sanction of lateral entry of Diploma holders for Engineering courses. The petitioners submit, in their college, even now seats are vacant and therefore, all the students who applied under the Lateral Entry System were admitted and no occasion arose for the Principal to make any selection. Ext.P1 scheme only provides that selection for the course shall be based on a tes
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