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1990 DIGILAW 57 (GAU)

Subhajit Sengupta; Diptiman Chattopadhyay v. State of Tripura

1990-03-28

J.M.SRIVASTAVA, S.N.PHUKAN

body1990
S. N. Phukan, J — By this common order we propose to dispose of two Civil Rules, namely, Civil Rule No. 315 of 1989 and Civil Rule No. 9 of 1990. The Civil Rule No. 315 of 1989 has been registered on a petition filed under Article 226 of the Constitution by a student . who wants to be admitted to the Tripura Engineering College and Civil Rule No. 9 of 1990 has been filed by two such students. 2. We have heard Mr. A.M Lodh and Mr.G.Chakraborty, learned counsel for the petitioners and Mr. M. C. Deb Roy and Mr. D. Choudhury, learned counsel for the respondents. We have also been assisted at our request by Sri S. Barman Roy, learned Advocate General. 3. This Court by judgment and order, passed in the Central Board of Secondary Education Guardians' Committee represented by its Secretary Sri Nalini Kamar Sab a vs. The State of Tripura and others, (1988) 2GLR 253 (1988 (2) GLJ 14) directed the respondents inter alia, to hold 'Joint Selection Examination' for selection of candidates from the year 1989 onwards and accordingly the State Govt. framed set of regulations for the purposes, namely. Examination Regulation Part 1 of the Tripura Board of Joint Entrance Examination (TBJEE), 1989 hereafter referred as the Regulation and duly notified in the Gazette. Notice was published by the Chairman of the Board who is also the Principal of the Tripura Engineering College calling for applications for the said joint examination. This notice has been annexed as Annexure - A.I to the petition. All the three writ petitioners duly appeared at the said Joint Entrance Examination. The petitioner in Civil Rule No. 315 of 1989 secured 77th position and in other Civil Rule the 2 writ petitioners secured position No. 112 and 166. The writ petitioner in Civil Rule No. 315 of 1989 was informed about his selection for admission to the Tripura Engineering College and he .was directed to report on 8.8.89 vide Annexure-7 to the petition. The writ petitioner in Civil Rule No. 315 of 1989 was informed about his selection for admission to the Tripura Engineering College and he .was directed to report on 8.8.89 vide Annexure-7 to the petition. The petitioner went accordingly but was directed to report to the Chairman of the Board (TBJEE) due to some 'technical confusion.' In the counter filed in Civil Rule No. 9 of 1990 in para 9, the respondents admitted the position secured by the two petitioners in the Joint Entrance Examination and also that candi­dates who secured less marks in the Joint Entrance Examination were selected for admission in the Tripura Engineering College for it was stated that candidates upto No. 179 had been admitted. It was however contended that the petitioners could not be admitted in the Tripura Engineering College as they had not secured 50% marks in aggregate in Physics, Chemistry and Mathematics in the Higher Secondary Examination as required by the norms adopted by the Tripura Engineering College. As said before, it is admitted by the respondents that candidates getting position upto Sl. No. 179 in the merit list in the said examination had been admitted. 4. The only question that needs our consideration is that whether the qualifications required for admission to the Tripura Engineering College prescribed earlier, after the Regulation was made is still in force. The said qualification is available at Appendix - XII to the Handbook on Opportunities of Higher Education for Students of Tripura published by the Directorate of Higher Education in June, 1988. In the said Appendix- XII under heading Technical Education, we find that there are as many as 16 items including 'Method of Selection'. Item No. 10, 'method of selection' runs as follows : ''As per guidelines of the Govt. from time to time. For the present the selection is made on the basis of merit in the aggregate marks of Physics, Chemistry & Mathematics at the qualifying Examination. Candidates are required to meet the Medical Standard." Under item No. 7 entrance requirement laid down is 5u% of marks in aggregate of Physics, Chemistry and Mathematics in H.S. (10 + 2) Examination (Relaxation of 10% & 5% of marks for S.T. and S.C. respectively). 5. Candidates are required to meet the Medical Standard." Under item No. 7 entrance requirement laid down is 5u% of marks in aggregate of Physics, Chemistry and Mathematics in H.S. (10 + 2) Examination (Relaxation of 10% & 5% of marks for S.T. and S.C. respectively). 5. It is a settled principle of law that when a particular provision of a notification or a regulation is read, the entire notification has to be read and taken into consideration. 50% marks as entrance requirements coming under item No. 7 prescribed by the Govt. of Tripura under whose management Tripura Engineering College comes, should be read with the 'method of selection' in item No. 10. In the case in hand as stated earlier the selection was not on the basis of marks obtained in Higher Secondary Examination, but as provided in the Regulation-according to the marks in the Joint Entrance Examination. In view of the regulation for the Joint Entrance Examination wherein no such minimum marks at Higher Secondary School Examination are prescribed, we hold that by imp­lication the provision of minimum of 50% marks in aggregate for admission prescribed earlier stands modified or amended. We make it clear that this modification' or amendment will apply only in the case of Tripura where the procedure of Joint Entrance has been prescribed and followed. 6 As this Engineering College is also meant for some other States of N. E. Region, the Engineering College shall follow the norms of minimum 50% marks in respect of other States, unless it is amended by the Government by suitable Regulation. In this connection, we may like to point out that in the Prospectus of the Regional Engineering College, Silchar for the year 1988-89 wherein the method of selection in respect of students, where joint admission tests arc conducted, has been laid down. In the counter filed by the respondents it has been stated that in case of some Universities minimum qualifying marks has been laid down, and our attention has been drawn to Annexure - C.I to the counter filed in Civil Rule No. 315 of 1989. From this Annexure we find that Govind Batlabh Pant University of Agriculture & Technology has laid down qualifying marks of 60% in Physics, Chemistry and Mathematics etc. in respect of Intermediate/equivalent examination. We may mention that this was done by an University which is a Statutory Authority. From this Annexure we find that Govind Batlabh Pant University of Agriculture & Technology has laid down qualifying marks of 60% in Physics, Chemistry and Mathematics etc. in respect of Intermediate/equivalent examination. We may mention that this was done by an University which is a Statutory Authority. But this is not applicable in the case in hand as the norms for Tripura Engineering College of 50% minimum marks were prescribed by the Government which has now made the Regulation. It is needless to say that if a candidate has qualified in the Joint Entrance Exa­mination conducted in Tripura he may be sent to the above University only if he has obtained 60% or equivalent marks in aggregate. But this procedure is not applicable in case of the Tripura Engineering College. 7- In the result, both the petitions are allowed and the rule is made absolute. We confirm the interim order dated 5. 10. 89 passed in Civil Rule No. 315 of 1989. We further direct the respondents in particular the respondent No. 3 L e. the Principal, Tripura Eng­ineering College to admit the petitioner, namely Subhajit Sengupta in Civil Rule No. 315 of 1989 with effect from 11. 10.89 pursuant to the orders dated 5. JO. 89 passed by this Court and also the petitioners namely, (1) Shri Diptiman Chattopadhyay and (2) Shri Ratan Kr. Sharma in Civil Rule No. 9 of 1990 immediately. With the above directions, both the Civil Rules are disposed of. No costs.