IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1904 of 2008 DIVAKAR KUMAR PAPPU Versus THE STATE OF BIHAR & ORS ----------- 5. 25.07.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. A mandamus has been sought for admission in the Polytechnic by lateral entry in the second year in the discipline of Automobile Engineering in the quota meant for Mechanical Engineering. The submission from Annexure 6 is that in pursuance of having completed his 10+2 course in vocational discipline he applied for lateral entry in the second year in the Polytechnic in the discipline of Automobile Engineering. That despite availability of seats in the discipline of Mechanical Engineering the petitioner was being denied admission given the marks obtained by him. A counter affidavit has been filed on behalf of the respondent and a rejoinder thereto has also been filed. The discipline of Automobile Engineering, as apparent from Annexure 12 to the rejoinder has 30 seats in the Government Polytechnic at Chapra. As per the policy 10% of the seats are reserved for lateral entry making three seats available in the discipline of Automobile Engineering. The counter affidavit states that these three seats have been proportionately divided between the general category, EBC category and the SC category. In the EBC category admission has been granted to the candidate who had higher marks than the petitioner. This is not disputed by the petitioner in his rejoinder. The fallacy in the submission of the petitioner lies in his equating the disciplines of Automobile Engineering and Mechanical Engineering into one discipline. A bare perusal of Annexure 12 to the rejoinder filed by the petitioner demonstrates that the two are different disciplines. The petitioner was not an applicant for Mechanical Engineering. Knowledge of mechanical servicing of an automobile in a course of Automobile Engineering does not become Mechanical Engineering. Applying the test of reasonable prudent person and understanding by common sense an automobile may be repaired or serviced requiring mechanical expertise. Mechanical Engineering shall be a discipline much larger in its ambit than Automobile Engineering. There is no merit in this writ application. It is accordingly dismissed. Snkumar/- (Navin Sinha,J.)