ANEESH HARIDAS Vs. UNIVERSITY OF KERALA TRIVANDRUM

JUDGEMENT

(1.) Petitioner completed his schooling in Tamil Nadu. He failed in the 12th standard examination in Mathematics. After applying for writing the SAY (Save An Year) Examination, he wrote the Entrance Examination in Kerala for admission to engineering courses, However, by the time admissions were given, result of the SAY Examination was published and the petitioner got 50% marks in the failed subject making him eligible for admission to engineering course. Petitioner was admitted in the third respondent college for engineering course in the year 2005-06 and after he wrote the first year (Semester I and II) examinations, University declined permission to the petitioner to take practical examination on the ground that petitioner was ineligible to join the engineering course for the year 2005-06 for the reason that failed students are entitled to take the entrance examination only after writing SAY Examination, which in Kerala was held prior to the entrance examination. However, since the SAY Examination in Tamil Nadu was held subsequent to Entrance Examination held in Kerala, petitioner was ineligible to write the entrance examination, even though he was permitted to write the examination is the case of the University. Learned Counsel for the University has relied on Clause XX of the Rules for admission to affiliated colleges, which says that

(2.) This writ petition is allowed as above.