JITENDER MUKHIYA Vs. STATE OF H.P

JUDGEMENT

(1.) PETITIONER No.1 was granted admission by respondent No.4 -College to the diploma/engineering course in Civil Engineering in the year 2011. Petitioners No. 2 and 3 were granted admission for the same course but in the Electrical Engineering field. They were denied permission to sit in the examination for the first semester which took place in December, 2011 on the ground that petitioner No.1 had not passed matriculation with English. Petitioner No.2 had not passed matriculation with Science and Petitioner No.3 had not passed matriculation with Mathematics. The petitioners by means of this petition challenged the said order and a Division Bench of this Court on 1st December, 2011 clarified that in case the petitioners succeed in the writ petition the 3rd respondent shall conduct a separate examination for the petitioners.

(2.) THE short point involved in this petition is whether the petitioners fulfilled the minimum eligibility criteria for being admitted to the said courses or not. In the prospectus issued by respondent No.3 H.P.Takniki Shiksha Board (hereinafter referred to as the Board) the eligibility criteria prescribed for being eligible to appear in the Polytechnic Admission Test (PAT) was that the candidate should have either passed the matriculation examination or should have appeared in 2011 in the matriculation examination or its equivalent examination with Science, Mathematics and English from H.P.Board of School Education or any other recognized board in India. Prima facie it appears that this was the eligibility criteria to appear in the test. Even the eligibility prescribed for admission to the courses lays down the minimum eligibility qualification/criteria and as per the prospectus the seats available in the first year of the Engineering and Architectural courses will be filled in through candidates who had passed 10th class from the H.P.School Education Board or equivalent examination from any other recognized Board with Science, Mathematics and English. Thereafter, the admission would be made on the basis of the merit obtained in the PAT.

(3.) THE proposal of the Director (Technical Education) was duly approved by the Special Secretary (Technical Education) to the Government of Himachal Pradesh on 16th July, 2011. Petitioner No.1 has done his matriculation from Bihar School Examination Board. Though he has cleared other subjects, he has not passed in English but overall he has been declared to have passed his 10th class examination. As far as petitioner No. 2 is concerned, he appeared for the 10th class examination conducted by the National Institute of Open Schooling. He did not pass in Science but overall his result is that he has passed. Petitioner No.3 also appeared for the 10th class examination conducted by the National Institute of Open Schooling and she has not appeared in Mathematics. This was not one of her subjects.