PEARSON SANKARAN Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) The petitioner, who was an applicant for selection for admission for Engineering Degree Course during the academic year 1984-85, has presented this Petition praying for the issue of writ of mandamus directing the first respondent to select the petitioner for admission to the Engineering Degree Course and to allot him a seat as against one of the seats in one of the Government Engineering Colleges or as against one of the Government seats in Private Engineering Golleges.

(2.) The facts of the case, in brief, are as follows: The petitioner passed the XII Standard examination of the Central Board of Education in September 1981. There is no dispute that the said qualification is considered equivalent to the two year Pre-University Course of the Board of Pre-University Education of this State. For the purpose of making selection for admission to the Engineering Degree Course during the current academic year, the State Government prescribed entrance test. For the purpose of holding the entrance test, the Government also framed rules called The Karnataka Entrance Test for admission to certain professional courses Rules, 1984', ('the Rules' for short). The petitioner appeared for the entrance test seeking selection for admission to the Engineering Degree Course At the entrance test, he secured 6663rd rank. The petitioner belongs to 'Kuruba' Caste. He claimed selection against one of the seats reserved for Backward Castes on the ground that be satisfied both the caste test and also the income test. The petitioner was not selected only on the ground that he passed an examination equivalent to the Pre-University Examination earlier to 1982 Annual Examination. The petitioner has also questioned the constitutional validity of the Rules which provide that candidates who have passed Pre-University Course Examination on and after 1982 April and before the date of entrance test, as eligible for selection for admission during the academic year 1984-85.

(3.) Rule 5 of the Rules, as amended on June 28, 1984, was as follows: "(b) He has passed not earlier to the period correspending to the two academic years for which the application is made, the Second Year Pre - University examination of Karnataka or equivalent examination (including the twelfth standard examination of Central Board of Secondary Education and the Indian Senior School Certificate examination after twelve years of schooling) from a Government or recognised educational institution located in the State of Karnataka, and has obtained not less than 50 per cent of aggregate maximum marks in the subjects of Physics, Chemistry and Mathematics." The unamended Rule in so far as it concerns the facts of the case was also similar.