RAJASREE Vs. STATE OF KERALA

JUDGEMENT

(1.) Does the interpretation given by a Division Bench of this Court in the judgment in W.A.No.1864/2018 (Ext.P13) that an Associate Member of the Institute of Engineering (AMIE) cannot aspire for admission to M.Tech course without a valid GATE score, suffer from any infirmity, is the controversy that needs to be answered in this reference. The clauses of the prospectus which were interpreted to arrive at the aforesaid conclusion, are identical to the clauses in the prospectus (Ext.P7) involved in the case on hand. The parties and the documents will be referred to as described in W.P. (C)No.10430/2019.

(2.) The relevant clauses of Ext.P7 prospectus issued by the third respondent, namely, the APJ Abdul Kalam Technological University for admission to the post graduate degree course for engineering reads thus-

(3.) Before we proceed to answer the controversy, a brief narration of facts in the referred writ petitions is necessary. Rajasree S., the petitioner, in W.P.(C)No.10430/2019, holder of Diploma in Electronics Engineering (3 year course) and pass in Ss. 'A' and 'B' examinations of AMIE in the branch of Electronics and Communications and working as Demonstrator in N.S.S. Polytechnic College, Pandalam, applied for admission to M.Tech in Engineering in the fifth respondent Engineering College relying on Clauses V(a), (b) and (d) read with the exemption/relaxation clauses provided in Clauses V(f) and (g) of Ext.P7 prospectus. The petitioner secured admission in the fifth respondent College pursuant to which she successfully completed the first semester. However, after the commencement of classes for the second semester, the fourth respondent, that is, the Admission Supervisory Committee (ASC) issued Ext.P11 order dtd. 31/01/2019 withholding approval of admission of the petitioner on the ground that being an AMIE certificate holder, the petitioner is to produce valid GATE score card. This direction was given based on Ext.P13 judgment dtd. 22/01/2019.