MANOJ Vs. STATE

JUDGEMENT

(1.) By this petition the petitioner challenges the decision dated .5-81988, taken by the State of Madhya Pradesh respondent No.1, declaring 233 failed candidates at the Combined Entrance Test (hereinafter referred to as 'the CET') held in the year 1988 for Engineering Group, to be admitted in the State Engineering Colleges in the next year, i.e. 1989 academic session and prays for quashing the same with other directions or orders, as may be deemed necessary.

(2.) Facts leading to the presentation of this petition may be briefly stated as follows: It is an admitted fact that the Government of Madhya Pradesh, by order No.2354/3759/88/42/JaNi/One-Bhopal, dated 29-8-1988, filed as Annexure-R/1, took a decision that all such candidates who having failed in English subject in the year 1988, but securing a high percentage of marks in Physics, Chemistry and 'Mathematics higher than the last candidate in the merit list of pre-Engineering Test (for short, the PET) Examination, 1988, shall be admitted in the State Engineering Colleges, without having had to appear at the Combined Entrance Test Examination for Engineering Group, otherwise known as PET examination, to be held in the year 1989. The total number of such candidates inclusive of all categories is 311. This decision taken by the State Government was on being published in the local press, as per cutting Annexure-P/1, naturally resulted in unrest, amongst students desirous of seeking admissions to Engineering courses in State Engineering Colleges, particularly the general class, studying in twelfth class, aspiring for being admitted to the Engineering Colleges of the State, next year, i.e. 1989. The petitioner, who was President of the Indore University Students Union, Indore, and interested in the Students' welfare; has come forward with this petition, filed as early as 8-8-1988.

(3.) It is a common ground that admissions to Engineering Colleges in the State, are governed by the Rules as framed by the Professional Examination Board (for short, the Board) and issued by the Vyavsayik Pareeksha Mandal, as framed by the Directorate of Technical Education, Govt. of Madhya Pradesh, respondent No.2. The rules pertaining to both the years 1988 and 1989 have been placed before us and they are available on record.