JIKKU PAUL, STUDENT Vs. THE M.G. UNIVERSITY

JUDGEMENT

(1.) THE petitioners in these Writ Petitions are Diploma holders in different branches of Engineering. They obtained admission to B.Tech course in the concerned subjects in different Self Financing Colleges. For admission to Degree courses in Engineering in Government/Private Engineering Colleges, the Government are conducting an Entrance Test. As per the prospectus issued by the State Government, apart from the essential academic qualification (Diploma in the concerned subject with 60% marks), the candidates should secure 20% marks in the Entrance Test, for being eligible to be admitted to any Engineering course. In the case of the petitioners, they have failed to secure 20% marks in the Entrance Test. But, they were admitted to B.Tech course. The University did not approve their admission and declined to accept their applications for the semester examination concerned. In that context, these Writ Petitions were filed. Pursuant to the interim orders of this Court, the petitioners were able to take the examination and continue their studies. Since the same point is raised in all these Writ Petitions, they are being heard and disposed of by this common judgment.

(2.) W .P.(C) No. 11446/2009: This Writ Petition is treated as the main case for the purpose of referring to the parties and exhibits. The petitioners are students of Matha College of Technology, North Parur, which is a Self Financing College in the private sector. Ext.P1 is the scheme published by the All India Council for Technical Education (for short "A.I.C.T.E.") for admission of students under the Lateral Entry System, for Engineering courses. Clause 6.1(b) of Ext.P1 deals with the eligibility for admission. The said clause reads as follows:

(3.) WHILE so, the Government issued Ext.P5 prospectus for Lateral Entry Test, 2008. Clause 9.3 of Ext.P5 stipulated that candidates securing a minimum of 20% marks in the Entrance Test alone will be eligible for admission. The University also endorsed that view and issued Ext.P6 circular. In view of Exts.P5 and P6, the University declined to register the petitioners for the fourth semester examination. While they registered for the third semester examination, their alleged ineligibility went unnoticed by the University. In the light of the stand of the University, the petitioners were not able to pursue their studies. Therefore, this Writ Petition was filed, seeking the following relief's: