Judgment : Nagarathna, J. 1. The appellants are students who have completed their Diploma in Engineering from evening colleges and seeking lateral entry to a part time B.E. Degree Course in second year (third semester). They had assailed the validity of Rule 3 (4) (c) of the Karnataka Selection of Candidates for Admissions to Government Seats in Professional Educational Institutions Rules, 2006 (hereinafter, referred to as "the Rules") before the learned Single Judge in W.P.Nos.22043-057/2013. The learned Single Judge by order dated 13/06/2013 has dismissed the writ petitions while permitting the petitioners to give a representation to respondent No.2 to take a decision on the grievance ventilated by the petitioners. That order is assailed in these writ appeals. 2. Learned counsel Sri V.V.Gunjal, appearing for the appellants contended that Rule 3 (4)(c) of the Rules makes a discrimination between part time and full time Diploma students seeking lateral entry into B.E. Degree Course insofar as students seeking admissions to part time B.E. Degree Course have to possess additional qualification of at least two years professional experience in any branch of engineering in which the candidates holds a Diploma after passing the Diploma Course. Whereas, no such eligibility condition is mentioned for a Diploma student seeking entry into full time Degree Course. He stated that even before joining the Diploma Course in evening colleges, such students would have possessed work experience and they would be working even while pursuing Diploma Courses and subsequently, to insist on a two year professional experience after completion of a Diploma Course before they can enroll for a part time Degree Course in Engineering, is a harsh condition, as it would result in loss of time before they can enroll in the Degree Course and that by the time they complete the Degree Course, they would be over-aged which would hamper their career prospects. He therefore, contended that sub-clause (c) of Clause 4 of Rule 3 ought to be not adhered to as has been the case in the previous academic year which according to him is evident from the order of the learned Single Judge dated 01/10/2012 passed in W.P.No.25759/2012 and connected writ petitions. He therefore contended that the appellants be permitted to joint the part time Degree Course without insisting on two years professional experience after completion of their Diploma Course. 3. He therefore contended that the appellants be permitted to joint the part time Degree Course without insisting on two years professional experience after completion of their Diploma Course. 3. Per contra, learned counsel appearing for various respondent - authorities as well as the A.G.A., supported the impugned judgment and submitted that there is no merit in these appeals. 4. The admission Rules have been made by the State Government by virtue of the powers conferred under Section 14 of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984), prescribing Rules for admissions to various Medical and Engineering Courses, which can be termed as Professional Degree Courses. The academic eligibility for admission to a Degree Course other than a Degree Course in Architecture, as stated in Rule 3 is as under:- "3. Academic Eligibility – (1) No candidate shall be eligible for admission to any of the full time degree courses specified in sub-rule (3) of Rule 1 other than the degree course in Architecture, unless he:- (a) has appeared for the Common Entrance Test conducted by the Common Entrance Test Cell, (b) has passed the second year Pre- University or XII standard or equivalent examinations held proceeding the Entrance test,- (i) with Physics, Chemistry and Biology as optional subjects and English as one of the languages and has secured not less than fifty percent of the aggregate marks in optional subjects and has secured not less than fifty percent of marks taken together in Physics, Chemistry and Biology subjects in the Entrance Test, for admission to Medical and Dental courses. (ii) with Physics, Chemistry and Biology as optional subjects and English as one of the languages and has secured not less than fifty percent of the aggregate marks in optional subjects for admission to Indian System of Medicine and Homoeopathy. (iii) with Physics and Mathematics as compulsory subjects, along with one of the following subjects:-Chemistry, Bio-Technology, Computer Science, Biology, Electronics and has secured not less than forty five percent of the aggregate marks in optional subjects with English as one of the languages for admission to Engineering and Technology courses. (iii) with Physics and Mathematics as compulsory subjects, along with one of the following subjects:-Chemistry, Bio-Technology, Computer Science, Biology, Electronics and has secured not less than forty five percent of the aggregate marks in optional subjects with English as one of the languages for admission to Engineering and Technology courses. Provided that the minimum marks for the purpose of eligibility shall be forty percent of the aggregate in optional subjects and forty percent of marks taken together in Physics, Chemistry and Biology subjects in Entrance Test in case of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes specified in the relevant Government Order for the purpose of reservation in respect of Medical and Dental courses. Provided further that, the minimum marks for the purpose of eligibility shall be forty percent of aggregate in optional subjects in case of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes specified in the relevant Government Order for the purpose of reservation in respect of Indian System of Medicine and Homoeopathy, Engineering and Technology courses. (c) has completed 17 years of age as on 31st December of the year of admission, for admission to Medical, Dental, Indian Systems of Medicine and Homoeopathy courses. Provided that no candidate who has obtained a seat in any discipline through the CET Cell in any previous year shall be eligible to appear for the Common Entrance Test conducted by the CET Cell for selection of a seat in the same discipline. (2) No candidate shall be eligible for admission to full time degree course in Architecture unless,- (a) he has appeared for the aptitude Test Part-I and II conducted by CET Cell; and (b) has passed the Pre-University examination or equivalent examination held proceeding the entrance test with Mathematics and English as subjects and has secured fifty percent of the aggregate marks in all subjects and has appeared for an Aptitude Test conducted by the CET Cell and has secured not less than forty percent of marks taken together in both part-I & II of the Aptitude test, for admission to Architecture course. (3) A candidate shall be eligible for admission to any of the full-time degree courses specified in clause (C) of sub rule (3) of rule 1, if he has appeared for the Common Entrance Test conducted under rule 17 and is the holder of a diploma in the appropriate branch of engineering specified in SCHEDULE-I, awarded by the Board of Technical Examination in Karnataka or equivalent qualification and has secured not less than forty percent of marks in the final year examination in the fifth and sixth semesters in respect of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes and has secured not less than forty five percent marks in respect of others; Provided that in respect of Architecture the candidate must have secured not less than fifty percent of the marks in the final year Diploma examination and appeared for Aptitude test conducted under Rule 17. (4) No candidate shall be eligible for admission to part-time course in Second Year, Third Semester of Bachelor's degree in Engineering and Technology, unless he,- (a) has appeared for the Common Entrance Text conducted under rule 17; (b) is a holder of a 'Diploma' in appropriate branch of Engineering specified in Schedule-I granted by the Board of Technical Examination in Karnataka and has secured not less than forty percent of marks in the final year examination in the fifth and sixth semesters in respect of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes and has secured not less than forty five percent of marks in respect of others; and (c) has on the first September of the year of admission not less than two years professional experience in the branch of Engineering/Technology, in which the candidate holds a diploma, after passing diploma course. Explanation: Professional experience means employed on a regular basis (a) in Government, Government undertaking, Public Sector undertaking, Corporation or (b) in a private company registered under the Directorate of Industries and Commerce or the Directorate of Small Scale Industries or (c) in Government, Government recognized Institutions as technical staff. Provided that the period of apprenticeship undergone shall also be treated as professional experience, if sponsored by the Board of Apprenticeship Training, Southern Region, Chennai or by Government, Government undertakings and Public sector undertakings. Provided that the period of apprenticeship undergone shall also be treated as professional experience, if sponsored by the Board of Apprenticeship Training, Southern Region, Chennai or by Government, Government undertakings and Public sector undertakings. Provided further that employment shall be in an establishment situated within the urban agglomeration of the city in which the professional institution is situated." 5. Rule 3 (3) and (4) are relevant for the purpose of the present case. Rule 3 (3) deals with the admission criteria for a full time Degree Course in Engineering and Technology while Rule 3 (4) deals with the admission to a part time Degree Course in Engineering and Technology. 6. The definition of "Qualifying Examination" is given in Rule 2(t) (ii) which reads as under:- "(t)(i) xxx (ii) Three Years Diploma Examination of the 'Board of Technical Examination' in Karnataka or any other qualifying examination, declared as equivalent by the Government, for admission to Second Year, Third Semester of Bachelor of Engineering, Bachelor of Technology, First Year, First Semester Bachelor of Architecture, in full-time and part-time degree courses." On a comparative reading of Rule 3(3) and Rule 3 (4) it becomes apparent that while Rule 3(3) deals with eligibility for admission to a full time Degree Course and Rule 3(4) deals with eligibility for admission to a part time Degree Course in Engineering and Technology. Those eligibility criteria are prescribed having regard to the eligibility criteria determined by the AICTE. As per AICTE, Approval Process Hand Book 2013 14, as extracted in Annexure 'C' to the petition, the requirement is as under:- 1.5 Under Graduate Degree Programs (Part Time) Program Duration Eligibility 1 Engineering & As per the Diploma in relevant Technology, University discipline/field/ program Pharmacy, norms Architecture, Minimum of Two years full HMCT, time work experience in a Applied Arts registered & Crafts, firm/Company/Industry/ Town Educational and / Planning Government, Autonomous Organizations in the relevant field in which admission is sought. 7. The grievance of the appellants is that while AICTE has prescribed minimum two years full time work experience in the relevant field in which admission is sought, the State Government has, by the impugned Rule, insisted on two years of work experience after passing of the Diploma Course. 7. The grievance of the appellants is that while AICTE has prescribed minimum two years full time work experience in the relevant field in which admission is sought, the State Government has, by the impugned Rule, insisted on two years of work experience after passing of the Diploma Course. The argument is that while pursuing Diploma Course in an evening college, the Diploma students are working during the day time for three years and therefore, that work experience could be considered as being in compliance with the AICTE Norms. The impugned Rule requiring work experience after passing of the Diploma Course is contrary to the AICTE Norms, is the submission. 8. While considering issues relating to eligibility criteria, Courts have to be cautious as determination of eligibility criteria for any academic programme or recruitment process is best left to the experts in the respective field. This Court in exercise of powers under Article 226 of the Constitution cannot substitute its views on the appropriateness or otherwise of an eligibility condition fixed by the experts in the field, unless it is wholly arbitrary, unreasonable or not in accordance with law. That apart, 'education' is a subject which is in Concurrent List [Entry-25 of List-III] and in this context, Entry-66 of List-I (Union List) of the VII Schedule of the Constitution has also to be read together in a harmonious manner. When the AICTE prescribes eligibility criteria for admission to a particular Educational Programme, it exercises powers by virtue of Entry-66 of List-I by determining standards for the entire Country. The State also has powers to prescribe eligibility criteria for admission to an academic programme but it is subject to Entry-66 of List-I and thus the criteria fixed by the State Government for admission for any Professional Course cannot be lower than the criteria fixed by the AICTE. But that does not denude the State Government of its powers of prescribing higher eligibility criteria for admission to a professional course. 9. In the instant case, no doubt, AICTE has prescribed only two years of full time work experience as a condition for being eligible to a part time under-graduate degree programme but the State Government has fixed by the impugned rule two years professional or work experience after passing of the Diploma Course. This in no way lowers the standard prescribed by the AICTE. This in no way lowers the standard prescribed by the AICTE. It is possible to argue that such a condition is harsh and would result in loss of time before a student of Diploma Course can seek admission to a part time Degree Course in Engineering. But the reasons and the basis for fixation of a condition for a part time Degree Course in Engineering/Technology as opposed to a full time Degree Course cannot be a subject matter of judicial review before this Court. In that view of the matter, learned Single Judge was right in not interfering with the Rules made by the State Government. Sri N.K.Ramesh, learned counsel appearing for the Karnataka Examination Authority, no doubt admitted that the order dated 01/10/2012 passed in W.P.No.25759/2012, insofar as the previous academic year was concerned, did give a benefit to similarly situated students; but he submitted that no concession could be made in favour of the appellants de hors the rule. 10. In the facts and for the reasons discussed hereinabove, there is no justification for interfering with the impugned judgment, and hence the appeal is dismissed with no order as to costs.