AMRUTHARAJ.P.C. Vs. COMMISSIONER FOR ENTRANCE EXAMINATION

JUDGEMENT

(1.) THE petitioner, who is a first year student of B.Tech (Computer Science)course held in the 4th respondent College, was before this Court challenging the inaction of the 2nd respondent University and 3rd respondent, Controller of Examination, in issuing a Hall ticket for appearing in the examinations of the I and II semester which was scheduled from 14.5.2012. When the writ petition was moved on 15.5.2012, the 4th respondent College had already permitted the petitioner to appear for the examination by issuing Ext.P5 Hall Ticket. Hence, though the learned Standing Counsel sought for time, the petitioner was allowed to appear for the examination provisionally and it was also directed that the results shall be published only after further orders from this Court, by order of even date.

(2.) THE petitioner had appeared in the examination by virtue of the said interim order. Subsequently, the 3rd respondent, Controller of Examinations filed a counter affidavit, contending that the non issuance of Hall Ticket by the University was not due to any inaction, as alleged, but by reason of the ineligibility of the petitioner to seek admission to the B.Tech (Computer Science) course. The petitioner's mark list was produced as Ext.R2(a), which clearly indicates that the petitioner had secured only 38.5% marks in Mathematics. As per the prospectus of Kerala Engineering and Medical, 2011 Common Entrance Examination, for being eligible to be considered for being admitted to an Engineering course, a candidate who has passed the Higher Secondary Examination conducted in Kerala or examinations recognized as equivalent thereto should have 50% marks in Mathematics, and also 50% marks in Mathematics, Physics and Chemistry put together. This is stipulated by clause 6.2.2(a) of the prospectus; extract of which is produced as Ext.R2(b). Clause 6.2.4 also refers to relaxation of 5% marks in the qualifying examination available to SEBC and OEC candidates. The petitioner admittedly belongs to Dheevara Community and hence is a member of an OEC Community eligible for relaxation of 5% marks in the qualifying examinations. However, that would only mean that the petitioner has to secure 45% marks for Mathematics separately and in aggregate 45% marks in Mathematics, Physics and Chemistry. The petitioner falls short of the standard prescribed in so far as having failed to secure 45% marks separately in Mathematics for the Higher Secondary examination.

(3.) SMT . R.Ranjini, the learned counsel for the petitioner would urge strenuously that this is a case in which the student was a victim of circumstance and also complicity of the respondents. The petitioner had been alloted to the 4th respondent College on the basis of the rank obtained in the entrance examination. At the time of admission, the petitioner had submitted the mark list before the 4th respondent, which was forwarded to the second respondent University. It was only at the stage of the conduct of the I semester examination, that the University had refused to grant him the Hall Ticket.