E SAI NARAYANAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have sought for issuing a writ of certiorari to quash the Government order dated 26.05.2012 at Annexure-G; to issue a writ of mandamus directing the 1st respondent to prepare a merit list of diploma students on the basis of marks obtained in diploma examinations as per the guidelines issued by the AICTE Approval Process Handbook 2012-2013 and for such orders.

(2.) THE petitioners claim to be students who have passed diploma in Automobile Engineering from an institution approved by AICTE. Since the students who have completed diploma course seek entry into Engineering course through lateral entry scheme directly to 2nd year engineering degree course, the State Government has chosen to conduct Common Entrance Test(CET) to the diploma holders by issuing a Government order dated 16.8.2003 vide Annexure-G. The same is questioned in these writ petitions.

(3.) THE Government has prescribed a pattern for selection of those candidates who seek admission to technical course based on which entrance test is being conducted by the State. It appears as a matter of policy, there is also scope provided to maintain lateral entry. If the petitioners face any difficulty in taking up the examinations i.e., CET exams conducted by the State, there cannot be any special rules framed for them. It will be known to the candidates that they will be taking up examination through lateral entry to 3rd semester engineering course and there will be syllabus prescribed for certain subjects for which 6 they will have to appear for the CET entrance test. The petitioners will be informed well in advance about the CET exams and that would satisfy the needs of the petitioners to appear for the CET exams. Even assuming that such exams are conducted in the quota reserved for diploma course on merit and that the said seats would be filled up by some other regular course students, they can appear for exams i.e., CET examinations. In the circumstances, seeking a direction to abolish the CET exams does not hold water and there cannot be any protective discrimination.