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1999 DIGILAW 56 (KER)

Sreekanthan v. State of Kerala

1999-01-29

C.S.RAJAN

body1999
Judgment :- C.S. Rajan, J. The petitioner was denied admission to the part time B.Tech (Electronics and Communication Engineering) course by the third respondent on the basis of a clause, viz., VII(iii)(c) in the prospectus, which is as follows: "Date of mark list of the Diploma examination will only be considered as the date of acquisition of Diploma and the experience will be counted accordingly". I think the above clause is absolutely arbitrary and illegal. The date of the mark list is immaterial as far as the acquisition of the Diploma is concerned. It is the date of publication of the result that is relevant. Ext. P1 Diploma shows that the petitioner has passed the above examination held in August, 1996 and he is placed in the First Class. But the mark list was obtained only on 18.2.1998.1 do not think that the date of issuance of the mark list is material so far as the date of acquisition of the diploma is concerned. Therefore, the third respondent is directed to consider the case of the petitioner for admission for the part time B. Tech (Electronics and Communication Engineering) course for the year 1998-1999, provided he is otherwise eligible. Original Petition is disposed of as above.