S SUSHMA Vs. STATE

JUDGEMENT

(1.) THE petitioner applied for admission for the I year B.Tech. Degree Course (Information Technology) in the 5th respondent college and selected by the 5th respondent for admission to the I year of the said course for 1999-2000. According to the petitioner, at the time of admission, she had submitted all her documents in original including the mark sheets regarding the intermediate examination and the instant examination, which are necessary for her admission. She was attending classes with effect from 17.9.1999 and submitted her examination application form through the college for I year B.Tech, degree course, April -May 2000 and also paid necessary examination fee. She was issued with hall ticket by the 3rd respondent-University of Madras with registration number. She appeared for practical examinations in Chemistry, Workshop and physics on 20.3.2000, 22.3.2000 and 24.3.2000 respectively. She appeared for theory examinations in seven papers between 4.5.2000 and 19.5.2000. For the II year course for the period from 2000-2001 as directed by the 5th respondent, she paid necessary tuition fees and hostel fees on 8.6.2000. On 22.6,2000 the petitioner was informed by the 5th respondent that her admission to the I year degree course has not been approved by the respondents 1 and 2, but no order was served on her. At this stage, the petitioner has come forward with the writ petition In W.P. No. 17403 of 2000.

(2.) THE abovesaid difficulty has arisen only on the basis that the petitioner has not passed the examination in the first sitting itself and passed the Maths subject in the instant examination held by the Board of Intermediate Examinations, Andhra Pradesh only in July, 1999. Originally the petitioner appeared for the examination in April, 1999. But she could not secure sufficient marks in Maths and so she failed. THE Board of Intermediate Examinations, Andhra PradeshState conducted instant examination immediately after publication of result for the examination held in April, 1999. THE petitioner, taking advantage of the same wrote the Maths paper and secured sufficient marks for getting admission in engineering college. It is not in dispute that the marks obtained by the petitioner both in the main and in the instant examinations held in April and July, 1999 are sufficient - i.e. 60% aggregate marks in Maths, Physics and Chemistry for the purpose of admission in the engineering college.

(3.) NOW to determine the issue, we have to decide whether the guidelines -Issued by the AICTE for admission to engineering degree and diploma programmes are having any binding force on theState Government.