PAVITHRAN Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) PETITIONER is an applicant for admission to the part time B Tech degree course in the Government Engineering College, trichur for the year 1987-88. PETITIONER has not been admitted to the course. He is only No. 2 in the waiting list. On the other hand, respondents 3 and 4, who, according to the petitioner have secured lesser marks, have been accorded higher ranks, with Respondents No. 3 admitted to the course and respondent No. 1, given the first place in the waiting list.

(2.) THE petitioner is one of those who has got the experience envisaged in Clause2 (b) of the prospectus for the course, Ext. P6. THE last date for admission as originally fixed was 10-5-1987 but it was subsequently extended to 14-5-1987. It is stated by the petitioner that he submitted his application on 1-5-1987. As on 14-5-1987, the petitioner had a total experience of 7 years and 190 days.

(3.) THE petitioner contends that limiting the award of marks to the date of application is arbitrary and obnoxious to commonsense and that he should also have been allotted marks with reference to his experience upto 14-5-1987, the last date for applications. Counsel for the petitioner points out that any other reckoning will result in discrimination between candidates similarly placed. He points out that qualification for admission has to be reckoned with reference to the last date for receipt of applications and not with reference to any other intermediate date, varying from candidate to candidate, and if so reckoned, the petitioner becomes entitled to 102. 15 marks, which place him above both respondents 3 and 4.