K. SANTHOSH Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order dated 05.10.2012 passed by the second respondent relating to the non approval of the admission of the petitioners to the first year B.E. Degree course from the academic year 2012 -13 in the 5th respondent college and further direct the second respondent to approve the admission of the petitioners in their respective engineering courses and permit them to complete their course. The case of the petitioners is that they were admitted in B.E. Degree course during the year 2012 -13 and they obtained less than 40% marks in the qualifying examination, so to say, Higher Secondary Examination(10 + 2). The third respondent, All India Council for Technical Education (AICTE) prescribed a minimum of 40% marks for the candidates belonging to reserved category and 45% for others in the qualifying examination. The petitioners belong to reserved category and as their admission is contrary to the minimum marks prescribed by the AICTE, their admission in the fifth respondent college was not approved by the second respondent vide its impugned order dated 05.10.2012 and the same is challenged before this court in this writ petition.

(2.) HEARD the learned Special Government Pleader appearing for RR1 and 2; Mr. A.R.L. Sundaresan, the learned senior counsel appearing for AICTE and Mr. M. Vijayakumar, the learned counsel appearing for the fourth respondent -University.

(3.) WHEREAS , on the other hand, the learned senior counsel appearing for the AICTE would submit that the Government can prescribe higher marks than the AICTE but, they cannot prescribe marks lesser than the one that are prescribed by AICTE. He would also rely upon the judgment of the Hon'ble Apex Court reported in : (2011) 4 SCC 606 [Visveswaraiah Technological University and another vs. Krishnendu Halder and others]. The learned senior counsel also relied on the following other three judgments passed by this court,