A JAGADEESH Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) This matter coming up for further orders, by consent of counsel, is taken op for final disposal and disposed of by the following order. The urgency is that it involves the career of a student of an Engineering College at Hubli.

(2.) The facts of this case may be briefly stated as follows. The petitioner is a resident of Karnataka. He is a graduate of Karnataka University having obtained the Degree of Bachellor of Science with Physics, Chemistry and Mathematics as optional subjects. On an average in those subjects, he has secured 54.3% marks. B. V. Bhoomaraddi College of Engineering and Technology at Hubli is a private Engineering College aided by the State affiliated to the Karnataka University. As per the Rules of admission, that college has a quota of seats to be filled by the Management. The petitioner applied to that college for a seat in the aforementioned management quota and was selected and admitted to the B.E. degree course commencing from the academic year 1981 82. The course is a four years' course. The petitioner is now aggrieved by the order passed by the 1st respondent Director of Technical Education in Karnataka, Bangalore, disapproving his admission to (he 2nd respondent-college on (he sole ground that he is a B.Sc., graduate and was not eligible in accordance with R. 3 (1) (c) and (d) of the Karnataka Engineering Colleges and Technological Institute (Selection of Candidates for Admission) Rules, 1979 (hereinafter referred to as 'the Rules') framed by the State of Karnataka in exercise of Us executive powers under Art. 162 of the Constitution of India. The impugned notification of the 1st respondent-Director is as follows :

(3.) Sri S. G. Bhat, learned counsel appearing for the petitioner contended that the communication of the 1st respondent at Annexure D, part of which has been extracted above, is clearly impermissible in so far as the petitioner is concerned as he is duly qualified in accordance with the Ordinances framed by the Academic Council of the Karnataka University, which provide for both Pre University Students as well a$ B.Sc., students having Physics, Chemistry and Mathematics as their optional subjects and having passed in those subjects obtaining 50% of marks on the average in the aggregate in those subjects. It is further contended by Sri Bhat that the petitioner being a student admitted to the 2nd respondent College in the Management quota, the Director of Technical Education has no control over his admission under the so called Selection Rules much less accord or disapprove his admission.