CW 14058/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.14058/2008 Vinit Dixit & Others Versus Raj. Technical University Kota & Ors. Date of Order : 26/03/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Sandeep Saxena, for petitioners Mr. Subhash C. Purohit, Addl. Govt. Counsel for respondent-2 Mr. RM Jain for Mr. AK Bhargava for respondent-University Mr. Kalpes Panchal for Mr. DD Khandelwal for Institute. Joint petition has been filed assailing communication dt.6th/8th December, 2008 (Ann.9 & 10) whereby they were informed about their admission in B.Tech.-II (Lateral entry) being not confirmed by Co-ordinator LEEP-2008 (respondent-2). Both the petitioners did their B.Sc. With Mathematics, Physics & Chemistry from Dr.Bhimrao Ambedkar University, Agra as is evident from mark sheets (Ann.1 & 2). However, they applied for admission in 2nd year B.E (Computer Science) (lateral entry) for academic session 2008-09 by getting themselves registered with Compucom Institute of IT & Management, Jaipur (respondent-3) and were given provisional admission but their admissions were not confirmed by respondent-2- Co-ordinator LEEP-2008, as conveyed vide communication dt.6th/8th December, 2008 (Ann.9 & 10) on the premise that only such candidates CW 14058/08 //2// can be considered for admission through lateral entry to 2nd year B.E./B.Tech./ B.Pharma if they did B.Sc. (with Mathematics) from Universities in Rajasthan. However, vide interim order dt.22/12/2008, petitioners were allowed to continue their study and vide order dt.13/01/2009 were allowed to appear in the examination provisionally subject to the decision of the petition. Counsel for petitioners submits that criteria of eligibility laid down by respondents for admission through lateral entry to 2nd year B.E/B.Tech., is that one must hold the degree in Science (B.Sc.) with mathematics as a subject with minimum of 60% marks (55% for SC/ST candidates of Rajasthan) in aggregate; and laying down order of preference for admission has been misconstrued by respondents as a criteria of eligibility for admission; hence the decision of respondents in not confirming their admission on the premise that they have a degree in Science (B.Sc.) from University of Agra; as such are not eligible, is wholly arbitrary and deserves to be set aside. Respondents have filed their reply to the writ petitions and averred that the petitioners having held Degree in Science (B.Sc.) with mathematics as a subject with minimum of 60% marks but from a University CW 14058/08 //3// other than Universities in Rajasthan, are not eligible for admission through lateral entry to 2nd year B.E.(Computer Science); as such they are justified in not confirming their admission registered by respondent-Institute. This Court has considered rival contentions raised by Counsel for the parties and with their assistance, examined material on record. Before examining the controversy, it is appropriate to refer conditions of eligibility for admission through lateral entry to 2nd year B.E./B.Tech, as laid down by respondents-Co-ordinator-LEEP-2008 (Ann.R/1). “Lateral entry in Engineering & Pharmacy“ (LEEP-2008) Eligibility Criteria :- The candidate should have passed Diploma with minimum of 60% marks in aggregate (55% for SC/ST candidates of Rajasthan) or 60% marks in final year examination (55% for SC/ST candidates of Rajasthan) or the candidate should have Degree in Science (B.Sc) with mathematics as a subject with minimum of 60% marks (55% for SC/ST candidates of Rajasthan) in aggregate. Admission to candidates will be given as per the following order of preference: - 1.Candidates having passed Diploma from Board of Technical Education, Rajasthan, Jodhpur/Universities in Rajasthan. CW 14058/08 //4// 2. Bonafide residents of Rajasthan (or, submission of certificate from competent authorities) having either passed diploma from institutions located in Rajasthan and considered equivalent by Board of Technical Education Rajasthan, Jodhpur or from Board of Technical Education in other States. 3. Candidates not covered in (2) above having passed Diploma from other State Boards of Technical Education. 4.Candidates having passed B.Sc. (with mathematics) from Universities in Rajasthan.” (emphasis added) Note: • Diploma must be approved by AICTE. • If Diploma awarded under MECS scheme of Board of Technical Education Rajasthan, Jodhpur then only the aggregate CPI (used to award division) will be considered for eligibility. Separate merit lists will be prepared for order of preference Nos. 1, 2 3, & 4. First allotment will be given to order No.1 then to order 2, then to order 3 and then to order 4.” As per criteria of eligibility (supra) it clearly emerges that for admission through later entry in 2nd Yr B.E./B.Tech., candidates having passed Diploma with minimum of 60% marks in aggregate or those having Degree in CW 14058/08 //5// Science (B.Sc.) with mathematics as a subject with minimum of 60% marks (55% for SC/ST candidates) are eligible; however, respondents further took decision that while giving admission, it will be as per the order of preference provided thereunder (supra) – according to which, first preference is to be given to those having passed diploma from Board of Technical Education, Rajasthan, Jodhpur or Universities in Rajasthan; and 2nd preference to those being bonafide residents of Rajasthan having either passed diploma from institutions located in Rajasthan and considered equivalent by Board of Technical Education Jodhpur or from Board of Technical Education in other States; and third preference to those being not covered in above two preferences but having passed diploma from other State Boards of Technical Education. 4th preference is to be given to those having passed B.Sc. (with mathematics) from Universities in Rajasthan. It appears that respondents have mixed up eligibility criteria and order of preference. In fact all such candidates having Degree in Science (B.Sc) with mathematics as a subject with minimum of 60% marks (55% for SC/ST candidates) in aggregate obviously from a University duly recognised under the law are considered to be eligible but candidates have CW 14058/08 //6// to be considered for admission in the order of preference as provided under eligibility criteria (supra). However, it remains un-controverted on record that petitioners held Degree in Science (B.Sc.) with mathematics with minimum of 60% marks in aggregate from a University duly recognised & established under law; thus it is manifest that they are covered under eligibility criteria; and merely because such candidates having Degree in Science (B.Sc.) with mathematics & minimum of 60% marks in aggregate might not fall in the order of preference but cannot be held to be in- eligible in terms of eligibility criteria laid down for admission to 2nd Year B.E./B.Tech. (lateral entry). In fact when there are limited number of seats and admissions are to be made in the order of preference; in that contingency, a candidate might be eligible but may not get admission and it is not the case of the respondents that candidates falling in the order of preference were available still the petitioners were granted admission. In the opinion of this Court, respondents have committed serious error in holding such candidates in-eligible holding Degree of Science (B.Sc.) with mathematics with 60% marks (55% for SC/ST candidates) in aggregate CW 14058/08 //7// from a University other than Universities in Rajasthan while taking order of preference as a condition of eligibility for admission to B.Tech.-II (lateral entry). Consequently, writ petition succeeds and is hereby allowed. Petitioners are held eligible for admission through lateral entry to 2nd year B.E. (computer Science) under LEEP- 2008; and the Orders dt.6th/8th December, 2008 (Ann.9 & 10) communicating about their admission in B.Tech.-II (Lateral entry) being not confirmed by Co-ordinator LEEP-2008 (respondent-2) are hereby quashed & set aside; and respondents are directed to register and allow the petitioner to prosecute their B.Tech (computer Science) course. No costs. (Ajay Rastogi), J. K.Khatri/p7/ 14058CW08-Rsr26MarAdmBE.doc