ABNEESH SINGLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal under clause X of the Letters Patent is directed against the judgment dated March 14, 2000 whereby the learned Single Judge dismissed Civil Writ Petition 12200 to 1999 filed by the appellant. Facts giving rise to this appear which are not in dispute lie in a narrow compass and these may first be noticed.

(2.) ADMISSIONS for the academic year 1999 -2000 to the second year (IIIrd semester) of 4 -Year B.E./B.Tech. Degree courses in Diploma Holders under Lateral Entry Scheme (hereinafter referred to as the course) to various Government/private Engineering and Technical colleges/institutes in the State of Haryana were made on the basis of a Lateral Entry Entrance Test (for short the entrance test) which was conducted by C.R. State College of Engineering, Murthal (Sonepat). This college had issued a prospectus prescribing the conditions of eligibility for admission to the course. The entrance test was open to the candidates who were otherwise eligible as per the eligibility conditions mentioned at para C -3.1 of the prospectus. All the eligible candidate desirous of admission to the course were required to take the entrance test, Para C -3.1 of the prospectus with which we are concerned in this appeal is reproduced hereunder for facility of reference : -

(3.) THE learned Assistant Advocate General urged that the petitioner is ineligible because the total of the marks obtained by him in all examinations of the three years diploma course are less than 60%. That is so but as per the rule prevailing for the students of 1994 -95 batch the aggregate marks of the 5th and 6th semester examination alone were to be considered for determining the percentage of the candidate . The learned Single Judge was right in holding that the decision of the Examination Committee which was taken on 30.10.1996 would not govern the case of the petitioner as he had joined the diploma course in the year 1994 -95. We have, therefore, no hesitation in rejecting the contention that the total marks of three years had to be considered for determining the percentage of the petitioner.