JIJO MATHEW Vs. UNIVERSITY OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner seeks to sustain the admission to the B.Tech Course in Engineering, which he obtained by way of his ranking in the common entrance test, conducted by the 3rd respondent. The University, however, challenges the admission on the ground of non-eligibility of the petitioner as per the prospectus. The prospectus for admission to the professional degree course 2011 produced at Ext.P4 was the basis on which the petitioner applied for admission to the professional degree in engineering.

(2.) The stipulation with respect to the minimum eligibility criteria is available in Clause 6.2.2(a) of Ext.P4.

(3.) The petitioner would seek to sustain his admission on the basis of his performance in the entrance test, in which he has placed sufficiently high in the ranking to obtain allotment by the Commissioner of Entrance Examinations. The petitioner would also contend that there is an anomaly in the prospectus, which has been clarified by a later amendment in the year 2014, specifically provided by way of a "Note" that the two year Kerala Higher Secondary course or examinations would be reckoned for eligibility, on the basis of the total marks of the two years, in the marklists of the respective higher secondary Boards. The petitioner had 50% in the 12th year and hence by reason of there being no clarification as was issued in the year 2014; he had competed under the prospectus of 2011. Subsequently the Government come out with a drastic change in the eligibility criteria in the year 2013, by which even students having 45% in Mathematics were considered as eligible for admission to the Engineering Course as per Ext.P6, is the further plea.