ANILKUMAR Vs. STATE

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India.

(2.) The material facts giving rise to this petition, briefly, are as follows : By advertisement dt. 20-7-1987 (Annexure-P-3) Published in 'Dainik Bhaskar', applications were invited by respondent No. 2, the Director of Technical Education, for admission to second year B.E. Course at the Engineering Colleges in the State specified in the advertisement, from applicants, who had passed the Diploma Examination. It was stated in the advertisement that admission would be on the basis of marks obtained in theory by the applicants in the final year examination of the Diploma Course. The petitioner was one of the applicants and he was allotted the Engineering College at Jabalpur. The petitioner contends that in accordance with the rules framed in that behalf, he should have been allotted the Engineering College at Indore in place of respondents No. 3 or 4.

(3.) As regards allotment of Engineering College at Indore to respondent No. 4, the contention advanced on behalf of respondent No. 2, the Director of Technical Education was that respondent No. 4 had secured more marks in theory than the petitioner and hence, the allotment of the Engineering College at Indore to him cannot be assailed by the petitioner. On behalf of the petitioner, it was contended that if marks obtained in practical were added to the marks obtained by the petitioner and respondent No. 4 in theory then the petitioner stood higher in order of merit.