VIMAL SINGH RANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Vimal Singh Rana petitioner has filed the present writ petition under Articles 226 and 227 of the Constitution of India praying for the issuance of a writ of certiorari quashing the letter dated 7th March, 2000 passed by respondent No. 5 cancelling the admission of the petitioner to the B.Tech. 2nd Year Course in pursuance to the said letter on the ground that the two years diploma passed by the petitioner is not equivalent to that of the diploma passed after 10+2 Examination. The petitioner has further made a prayer that writ in the nature of mandamus against the respondents to allow the petitioner to continue his IVth Semester study which was already been started from 1st February, 2000 be passed.

(2.) THE case set up by the petitioner is that he has passed his Matriculation Examination in the year 1994, in the same year on the basis of his Matriculation Examination he got admission in Sant Longowal Institute of Engineering and Technology, Longowal, Pun - jab (hereinafter referred to as 'SLIET'). On the basis of the Entrance Test the petitioner qualified the two years certificate course in the Auto and Farm Equipment Mechanic during the Session 1994 -96 in 1st Division, SLIET in an instrumentality of the Government of India. In the SLIET a certificate course of the two years after matric is treated an equivalent qualification to that of 10+2. In the year 1997 the petitioner got admission in two years Diploma Course in SLIET in the trade of Mechanical Engineering with specialisation in the Maintenance and Plant Engineering. The diploma was completed by the petitioner in August, 1998. Thereafter, the petitioner also completed one year certificate training in the Trade of Production Engineering during the year 1998 -99. Thus, the case set up by the petitioner is that after matriculation, he is possessing two years certificate course from SLIET and this two years diploma is equivalent to the three years diploma of the Haryana Technical Board. Further the case set up by the petitioner is that in the year 1999, respondent No. A conducted an Entrance Test under lateral entry scheme for second year B.E./B.Tech degree courses. He was allowed to appear in the said test. He qualified the test. He was given the admission but later on vide letter dated 7th March, 2000 received from respondent No. 5, his admission was cancelled on the ground that the two years diploma passed after Matriculation is not equivalent to the diploma passed after 10+2 Examination. According to the petitioner, the action on the part of respondent No. 5 is illegal and null and void and, therefore, directions should be given to the respondent regularising his admission to the said course. Notice of the writ petition was given to the respondents who filed the reply and denied the allegation. The defence of the respondent is two -fold: Firstly that the diploma of two years obtained by a candidate from a SLIET is not equivalent to three years diploma to the Haryana Board of Technical Education and, secondly, the educational qualifications of the petitioner i.e. matric cannot be held equivalent to 10+2 qualification for Haryana course.

(3.) THE sole point for determination in this writ petition is whether the educational qualification possessed by the petitioner is equivalent to the educational qualification which have been prescribed for the said course. It is the common case of the parties that the petitioner is a matriculate and after doing his matriculation he did a diploma course from the SLIET. The conditions of eligibility for admission are "Candidate must have passed diploma course of a duration of three years (or more) in relevant discipline as per para C -2 from Haryana Board of Technical Education or its equivalent with at least 60% marks in aggregate."