VISVESWARAYA TECHNOLOGICAL UNIVERSITY Vs. KRISHNENDU HALDER

JUDGEMENT

(1.) Leave granted. Heard. The question involved in these appeals is whether the eligibility criteria for admission to the Engineering courses stipulated under the Statutory Rules and Regulations of the State Government/University could be relaxed or ignored, and candidates who do not meet with such eligibility criteria can be given admission, on the ground that a large number of seats have remained unfilled in professional colleges, if such candidates possess the minimum eligibility prescribed under the norms of the central body (AICTE).

(2.) All India Council for Technical Education (Rs. AICTE for short) is the council established under the All India Council for Technical Education Act, 1987 (Rs. AICTE Act for short) for proper planning and coordinated development of technical education throughout the country. AICTE is entrusted the function of laying down the norms and standards for courses, curricula, quality instructions, assessment and examinations. As per the norms fixed by AICTE, the minimum eligibility for admission to engineering courses, during the academic year 2007-2008 was 35% in the qualifying examinations in Physics, Chemistry and Mathematics for candidates belonging to schedule castes and schedule tribes and 40% for all other candidates.

(3.) The Appellant - Visveswaraya Technological University (for short Rs. the University) is the examining body and affiliating authority for Technical Educational Institutions in the State of Karnataka established under the Visveswaraya Technological University Act, 1994 (Rs. VTU Act for short). Section 20(1) of the VTU Act empowers the Executive Council of the University to make regulations regarding admission of students and conduct of examinations. The Executive Council, on the recommendation of the Academic Senate resolved to recommend the fixing of minimum eligibility for admissions to B.E./B. Tech courses as 45% for general category and 40; for reserved category in the qualifying examination, from the academic year 2006-07, on the following reasoning: