LAWS(KAR)-2012-8-549

SHRIKANTH WADDAR S/O. GURAPPA WADDAR Vs. KARNATAKA EXAMINATIONS AUTHORITY REP. BY ITS EXECUTIVE DIRECTOR, SAMPIGE ROAD, MALLESHWARAM BANGALORE-560003 AND OTHERS

Decided On August 06, 2012
Shrikanth Waddar S/O. Gurappa Waddar Appellant
V/S
Karnataka Examinations Authority Rep. By Its Executive Director, Sampige Road, Malleshwaram Bangalore -560003 Respondents

JUDGEMENT

(1.) PETITIONER claiming to have passed the Secondary School Leaving Certificate (SSLC) and a certificate course in Electrical Mechanic during the year 2004 at the Government Industrial Training Institute, Jamkhandi, asserts to be an employee of SNS Industries until 2008, whereafterwards was admitted to the Diploma in Electronics and Communications Engineering course (31/2 years) at Nadiger Evening Polytechnic whence he worked at GE -BEL Limited and is presently employed by the Bangalore Metro Rail Corporation Limited. According to the petitioner, Day Scholars will have to undergo the said course study for 3 years, while the students admitted to the evening diploma will have to undergo the course study for 31/2 years. Petitioner having evinced interest to appear for the Common Entrance Test (CET) of 2012 conducted by the Karnataka Examination Authority, for short 'KEA, for a lateral entry to the 2nd year B.E. degree course, has presented this petition challenging the vires of Rule 3(A)(ii) dt. Nil, of the Information Brochure issued by the KEA pertaining to the academic eligibility of 2 years professional experience after obtaining the Diploma, as being violative of Articles 13, 14 and 21 of the Constitution of India and for a mandamus to respondents 1 to 3 to permit the petitioner to appear for the CET conducted by the KEA without insisting on the said condition. Learned Counsel for the petitioner while reiterating the averments in the memorandum of writ petition, submits that Rule 3(A)(ii) of the Information Brochure issued by the KEA is not in consonance with Clause 9.1 of the All India Council for Technical Education (AICTE) Approval Process Handbook (2012 -13). According to the learned Counsel, clause 9.1 states that part -time programs are only for working professionals or professionals with atleast 2 years of work experience and does not indicate that the 2 years of work experience must be after obtaining the Diploma, while Clause 3(A)(ii) of the Information Brochure for Diploma CET 2012 of the KEA states that the candidate after obtaining the Diploma, must have a minimum of 2 years of professional experience in the branch of Engineering/Technology in which he or she holds a Diploma as of 1st September of the year of admission.

(2.) SRI . P.S. Dinesh Kumar, learned Counsel for the AICTE - respondent No.4, submits that Clause No. 9.1 ought to be read as 2 years work experience after the securing a Diploma. Sri. N.K. Ramesh, learned Counsel for KEA, too adopts the submission of Sri. P.S. Dinesh Kumar.

(3.) PETITION is accordingly disposed of.