M. Balakrishnan Nair v. State of Kerala — 1994 DIGILAW 269 (KER)

JUDGMENT K.G. Balakrishnan, J. 1. Some of the petitioners in these original petitions were students who had undergone the technical education under the High School level. They have passed the THSLC and have applied for admission to Polytechnics in the various institutions in the State. For admission to Polytechnics the holders of THSLC were given 20% reservation during the previous year. In the prospectus issued for this year the reservation to the THSLC holders has been limited to 10% for admission to Polytechnics. 2. The Technical High School Course is for three years and after the passing of the examination they are given Technical High School Leaving Certificate (THSLC). This is equivalent to the Secondary School Leaving Certificate (SSLC). The technical high schools in the State were established in the year 1957. The course was intended to give training to students in some skilled work. After the passing of THSLC course, they can pursue their studies either by joining polytechnics or the colleges. There are 16 polytechnics institutions in the State established by the Government. There are about 11 institutions established by Private Institutions. Admission to 70% of the seats in the private institutions are controlled by the Government, There were about 4540 seats in the previous year. Eight technical high schools have now been converted in to Polytechnics. So there is an increase of about 800 seats in the Polytechnics from this year onwards. In the previous year 20% of the Polytechnics seats were reserved for THSLC holders and by Ext. P2 prospectus (in O. P. 9588/94) this reservation has been reduced to 10%. The petitioners challenge this reduction on various grounds. 3. According to the petitioners, THSLC holders are students who have undergone specialist training in various skilled work and because of this vocational training they are unfit to join the regular colleges to pursue further studies. It is contended that in THSLC course importance and emphasis are being given to the specialist training, so they are not proficient in regular arts and sciences subjects. Therefore, it is contended that they are unfit or handicapped in competing with regular students and therefore, they have to be given preferential treatment in the matter of admission to Polytechnics. 4. It is contended that in THSLC course importance and emphasis are being given to the specialist training, so they are not proficient in regular arts and sciences subjects. Therefore, it is contended that they are unfit or handicapped in competing with regular students and therefore, they have to be given preferential treatment in the matter of admission to Polytechnics. 4. The petitioners have also contended that for the previous years there was 20% reservation and these students joined the technical course with hope and expectation that they could secure admission to Polytechnic Course. It is alleged that there was a promise on the part of the Government to give preference in the matter of admission and the reduction now ordered is violative of the principles of promissory estoppel, The petitioners have also contended that they legitimately expected that they would get 20% reservation without giving any prior intimation or making any consultation with the petitioners or any of the parent teacher associations, the present rate of reservation was reduced to 10% and therefore, it is contended that on the basis of principles of legitimate expectation they are entitled to seek restoration of their original percentage of reservation. It is contended by the petitioners that the Government even promised at the time of abolition of 8 technical high schools that the 20% reservation will continue. Therefore the prospectus issued for the year 1994 - 95 for admission to Polytechnics is even against that Government Policy. 5. A statement has been filed on behalf of the second respondent in O. P. 8651/94 and the Government Pleader submitted that this statement could be adopted as the statement in other two cases also. In the statement it is pointed out that there were 47 Technical High Schools during the year 1993-94 and since the Government felt that the existing Technical High Schools have become out-moded and it does not serve the purpose of creating skills for employment, a decision has been taken to upgrade these technical high schools as Polytechnic in a phased manner. The Government thus upgraded 8 Technical High Schools as Polytechnics from 1994-95 onwards. Decision will be taken in the case of other technical high schools also. It is also pointed out that the Government have issued orders sanctioning three courses for each upgraded Polytechnics with an in take of 36 students per course. The Government thus upgraded 8 Technical High Schools as Polytechnics from 1994-95 onwards. Decision will be taken in the case of other technical high schools also. It is also pointed out that the Government have issued orders sanctioning three courses for each upgraded Polytechnics with an in take of 36 students per course. Thus the intake of students to Polytechnics have been increased by 864 due to the upgradation of eight technical high schools, as Polytechnics. It is pointed out that the total intake of students to Polytechnics during 1993-94 was 4872 whereas in this year it is increased to 6437 and, due to reduction of the reservation quota, there is only a shortage of 331 seats for the holders of THSLC. It is pointed out that this is purely a policy matter of the Government and the reduction is justifiable on all grounds. 6. I heard the petitioners' counsel and the Government Pleader. The petitioner's counsel contended that the reduction of 20% reservation to 10% is arbitrary and illegal exercise of power. It is also contended that there was no reason to reduce the percentage of reservation and it has seriously affected the rights of the petitioners. From the facts narrated above, it is quite clear that there is a substantial increase in the number of seats in the Polytechnics. Eight Technical High Schools have already been upgraded as Polytechnics. The holders of THSLC were given 20% reservation in the previous years. It may be noticed that the admission to polytechnics is regulated by the norme fixed for each year by the Director of Technical Education by publishing prospectus for each year and this year it was decided to have only 10% reservation for THSLC. The decision is taken after giving due consideration to the various changed circumstances. I do not think that the decision is irrational or due to any other extraneous consideration. It may be noticed that the admission to Polytechnics is on the basis of the marks secured by the candidates in the THSLC examination or the SSLC examination. There were only 47 Technical High Schools in the various states where as there are thousands of high schools in the state and lakhs of students pass out of SSLC course. Comparing the numerical strength of THSLC holders with that of SSLC holders, it cannot be said that the percentage of reservation now given is very low. There were only 47 Technical High Schools in the various states where as there are thousands of high schools in the state and lakhs of students pass out of SSLC course. Comparing the numerical strength of THSLC holders with that of SSLC holders, it cannot be said that the percentage of reservation now given is very low. If the total strength of Technical High School students and SSLC students are taken, even the 10% of the reservation is on the higher side. Moreover, this year eight Technical High Schools have been upgraded and three new courses have been started in these converted Polytechnics, thus creating several additional seats in the Polytechnics. It is true that the THSLC holders are specially trained in some trade or other, but I do not think that because of the present norms any meritorious candidate would be denied admission to the Course. 7. In this State, there are several type of reservation to students in the matter of admission. As it has been laid down by the Supreme Court that the reservation shall not generally be more than 50% of the total number of seats, the Government as a policy matter have taken these factors into consideration and decided to give 10% reservation to the THSLC students. It cannot be said that there was any violation of principles of promissory estoppel. The counsel for the petitioner relied on the decision in Navjyothi Co.op. Group Housing Society and others v. Union of India and others ( 1992 (4) SCC 477 ) and contended that the persons enjoying certain benefit/advantage under old policy of the government derive a legitimate expectation even though they may not have any legal right under private law in the regard to its continuance and before adopting any new policy affecting the benefit/advantage the aggrieved persons are entitled to an opportunity to make representation before the Government and this is to be taken as one of the principles of natural justice. That was a case where the allotment of land by the Delhi Development Authority was challenged by a Housing Society. The guideliner regarding the procedure for allotment was drastically changed by the Government by an office memorandum. The facts in that case cannot be compared to the facts involved in this case. That was a case where the allotment of land by the Delhi Development Authority was challenged by a Housing Society. The guideliner regarding the procedure for allotment was drastically changed by the Government by an office memorandum. The facts in that case cannot be compared to the facts involved in this case. This is a case where the admission to Polytechnics is controlled by certain norms and it is affecting large number of students. It is a policy matter of the Government to fix the percentage of reservation. I do not think that the petitioners who are parent - teachers associations and students, should be given any right of hearing" on this matter. 8. I am also not able to perceive that there was violation of principles of promissory estoppel. The prospectus is published for each year and merely because there was 20% reservation in the previous year. It does not confer any right on the petitioners to claim the same percentage of reservation in admission in all these years. 9. The Government have taken into consideration various aspects and held that 10% of reservation will be sufficient for this year. This being a policy decision of the Government it can be challenged only if it is irrational or due to other extraneous consideration. Petitioners are not able to substantiate such contentions. The original petitions are without any merit and dismissed.