RAMESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) SAME issues arise for consideration in all these Original petitions. So, we consider it advantageous to dispose of them by a common judgment.

(2.) GOVERNMENT of Kerala by G. O. (Ms) 191/92/h. Edn. dated 24-12-1992 decided to start two self-financing Engineering Colleges from academic year 1993-94. That decision was arrived at taking into consideration the growing demand for highly qualified technical hands in areas of Electronics and Computer Science. GOVERNMENT also felt the exodus of young men to neighbouring States of Karnataka, Tamilnadu , andhra, Maharashtra etc. seeking admission to engineering Courses. For starting new colleges, expenditure of crores of rupees is required. The financial position of the state was not sound to make the huge investment. Therefore it proposed to start the Engineering Colleges on a self-financing basis. To facilitate this, they thought it appropriate to establish two autonomous institutions, namely Lai Bahadur Shastri Centre for science and Technology (referred to as 'l. B. S. Centre'); and Institute of Human Resources Development for Electronics (known as 'i. H. R. D. E. ') to keep out private agencies. It was also decided to collect loans from a certain percentage of students, refundable without interest when they complete the course of study. For this purpose, they called for detailed reports from I. H. R. D. E. and L. B. S. Centre.

(3.) DEPARTMENT of Technical Education issued notification inviting applications for admission to Engineering Colleges for the year 1994-95. As per that notification, all candidates seeking admission for the various Engineering Colleges in the State were to apply in prescribed form before the stipulated date to the Commissioner for Entrance Examinations and appear for a test conducted by him. Candidates seeking admission to the colleges run by I. H. R. D. E. and L. B. S. Centre were also to apply pursuant to the notification. It was provided in the notification that admission to the courses will be on the basis of the result of Entrance Examination. Over and above this notification issued by the Director of Technical Education, I. H. R. D. E. and l. B. S. Centre issued their separate brochure containing the eligibility conditions and reservation principles for allotment of seats. It stated that admission to 75% of the seats will be on the basis of open merit applying the existing reservation principles. 10% of the seats are to be filled up from S. C. / S. T. candidates. Remaining 15% of the seats are set apart for children (son/daughter) of Non-Resident Indians. Candidates are to be selected on the basis of rank secured in the Entrance Examination conducted by the Commissioner for Entrance Examinations for the year 1994-95. Tuition fee for all students except SC/st students , was fixed at Rs. 12,500/- per year. In the case of SC/ ST students tuition fee was fixed at R s. 6,250/- per year. Candidates selected for admission against general seats should remit an interest free deposit of Rupees One Lakh , refundable only after completion of four years from the date of remittance or on completion of the course to which the candidate is admitted, whichever is later. SC/ ST candidates are exempt from payment of this deposit. Candidates selected against seats reserved for children of Non-Resident Indians should remit an amount of 5000 U. S. Dollars towards Development Charges. It was also provided that admission to Entrance Examination or securing a rank in the entrance Examination will not automatically be an entitlement for admission to the College of Engineering run by these institutions.