Malviya Regional Engineering College : Malviya Reginal Engineering College v. Surendra Verma : Praveen Kumar
1990-01-16
FAROOQ HASAN, M.B.SHARMA
body1990
DigiLaw.ai
JUDGMENT 1. - These two special appeals are disposed of by this common order as a common question is involved in each of the appeals as to whether the respondents were entitled for admission to Second Year of Five Year Course B. Architecture Examination or not ? 2. Each of the above appeals arise out of a common order dated March 31, 1990 of the learned Single Judge made in S.B. Civil Writ Petition No. 3536/89 Surendra Verma v. Malviya Regional Engineering College and Another and S.B. Civil Writ Petition No. 3537/89 Praveen Kumar Jain v. MREC and Others . 3. The facts are that respondents Praveen Kumar and Surendra Verma passed Three Years degree course in Architecture Engineering conducted by the State Board of Technical Education Rajasthan, Jaipur and obtained first division. There after, each of them applied to the Principal MREC, Jaipur to give admission to them in IInd Year B. Architecture (for short'Arch') of the five years course as provided in Ordinance 300-A of the University of Rajasthan. It was prayed that they should be given admission in IInd Year. Each of them was denied admission on the ground that B. Arch. is not a Branch of Engineering and as such the provisions for admission available to the diploma holders in 0. 300-A and more so its clause 7-A are not applicable and they were not entitled to admission to B. IInd Year of five year course. The case of the MREC was that in fact the 0. 300-B will given the case of the respondents and not 0. 300-A. The MREC, Jaipur does not conduct course of B.E. Arch. It conducts the five years course for B. Arch. The respondents who are diploma holders in Architecture are not, therefore, eligible for admission to the 2nd year B. Arch. course. 4. The learned single Judge in the impugned judgment held that Architecture is a branch of engineering and, therefore, each of the petitioners was entitled for admission to IInd Year B. Arch of five year course in terms of 0. 300-A-14. It appears that earlier the relevant clause was 7-A of 0. 330-A but later on it was amended and now the relevant clause is clause 14 of 0.
300-A-14. It appears that earlier the relevant clause was 7-A of 0. 330-A but later on it was amended and now the relevant clause is clause 14 of 0. 300-A. The learned single Judge allowed each of the writ petitions and directed the Principle MREC, Jaipur to consider the application of each of the respondents for admission to B. Arch. course in accordance with the provisions of 0. 300-A of University of Rajasthan. 5. The question arises as to whether the view taken by the learned single Judge in terms of 0.300-A 14 is correct and each of the respondents was entitled for admission to IInd Year B.Arch of five course ? 6. Though the University was not a party before the learned single Judge in any of the writ petitions, an application was filed by the University which is being represented by Shri Y.C. Sharma, Advocate, who too has been heard. 7. The learned counsel for the respondent has referred to the Information Booklet for Pre-Engineering Test(PET) 1989 and on the strength of it he contends that in fact the B.Arch is a four years course and not a five years course. PET is only held for admission to Ist year of the Engineering College for four years course and it is well known that so far as admission to IInd year Engineering four year course is concerned, no PET is held or can be held. A look at the syllabus for Faculty of Engineering and Technology will show that examination for B.Arch. shall be governed by 0.300-B. The syllabus is for various branches in Engineering/Architecture and in Syllabus abbreviations are used for various branches whereas examination in branches other than Architecture are to be governed by 0.300-A. A bare perusal of Clause 1 shows that the course of study will extend over a period of 4 years as an integrated course. There shall be an examination at the end of each five viz. 1. B.E. Examination at the end of Ist year, II B.E Examination at the end of 2nd Year, III B.E. examination at the end of 3rd year and Final B.E. Examination at the end of 4th year.
There shall be an examination at the end of each five viz. 1. B.E. Examination at the end of Ist year, II B.E Examination at the end of 2nd Year, III B.E. examination at the end of 3rd year and Final B.E. Examination at the end of 4th year. The learned single Judge has applied Clause 14 of 0.300-A in the case of each of the respondents and has held that by virtue of the aforesaid clause each of the respondents was eligible for admission to IInd Year B.E. of 5 Year course. 0.300-A-14 of the University of Rajasthan is that " A candidate who has passed Diploma course in engineering conducted by a State Board of Technical Education in Ist Division or where division is not awarded, with at least 60% marks in aggregate, shall be eligible for admission directly to the 11 B.E. class of the 4 year course in the concerned branch of engineering provided that in the case of a student belonging to SC/ST, minimum percentage marks secured at the Diploma shall be at least 55%. Admission of such students will be made on the basis of merit at the Diploma level and /or merit to be adjudged through a competitive test/viva-voce. The candidate who has appeared at the final year examination of Diploma course but whose results are awaited will also be permitted, but such admission will be provisional, divisions of such candidates if admitted, will be awarded on the basis of the marks secured by them in 11, 111 and Final BE examinations and a degree of 3 years study of the course will be awarded to them. All such cases would be considered by respective colleges subject to the availability of seats in respective branch of engineering and other prevalent rules in the college in this respect". 8. A bare perusal of aforesaid clause 14 of 0.300-A will show that a diploma holder is eligible who have secured Ist division or 60% marks for admission to IInd year B.E. of four years course and it does not provide that he will be eligible for admission to IInd year of five years course. As said earlier that 0.300-A is only applicable for examinations in branches in Engineering other than Architecture and so far as B. Arch.
As said earlier that 0.300-A is only applicable for examinations in branches in Engineering other than Architecture and so far as B. Arch. Examination are concerned they are to be governed by 0.300-B and there is no provision in 0.300-B enabling the candidate who has passed three year diploma course in Architecture to seek admission in IInd Year B. Arch. of 5 year course. No doubt it appears that the M.P. Government has taken a decision that two seats are reserved for diploma holders in Architecture of three years course for admission to IInd Year of 5 years course of B. Arch. But we are to be governed by 0.300-B and as said earlier that Clause 14 of 0.300-A is not applicable to either of the respondents and there is no provision under which any of the respondents is eligible for admission in IInd Year B. Arch. 9. Consequently, we allow both these appeals and set aside the order of the learned single Judge dated 31st March, 1990 and dismiss both the writ petitions.Appeals allowed. *******