RAVINDER KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has presented this petition for a writ of mandamus directing the respondents to consider his application for allotment of a free seat in first year B.E. (Mechanical) for the academic year 1994-95.

(2.) The complaint of the petitioner is that he appeared for common Entrance Test held in the month of May 1994 and at the result declared in July 1994, he secured a ranking 20136. He further states that he has passed CBSE XII Standard at the two different examinations, one at the examination held in the month of March 1994 and another at the examination held in August 1994; the respondents have allotted seats to students possessing same qualifications with a lesser ranking than that of the petitioner and that, application of the petitioner was rejected arbitrarily and therefore, he is entitled for a writ in the nature of mandamus.

(3.) The admitted facts in this case are that the students seeking for admission either for first year Engineering or for first year MBBS, shall have appeared for three subjects namely, Physics, Chemistry and Mathematics or Physics, Chemistry and Biology as the case may be in the Entrance Test for selection to the courses specified under sub-rule (3) of Rule 1 of the Karnataka Selection of Candidates for Admission to Engineering, Medical, Dental, Pharmacy and Nursing Rules, 1993 (for short 'the rules') in addition to passing the second year pre-university examination in Karnataka or any other examination declared as equivalent thereto by the concerned University in Karnataka. The petitioner has no doubt passed CBSE XII Standard which is declared as equivalent to two years pre-university course in Karnataka. But the question in this petition is whether the petitioner possessed the eligible qualification as on the date of application for admission to professional colleges for the year 1994-95. The academic year 1994-95 commences from First of July 1994 and the applications to take GET examination are to be filed in the month of March 1994. The petitioner has passed all the subjects except Biology at the examination held in the month of March 1994 and he completed the CBSE XII Standard at the examination held in the month of August 1994. It is therefore clear that the petitioner had not passed either two years pre-university examination or any other examination declared as equivalent thereto as on 1st July 1994, the date of commencement of the academic year 1994-95.