P RAMANUJAN Vs. SELECTION COMMITTEE FOR ADMISSION TO GOVT AIDED ENG COLLEGES

JUDGEMENT

(1.) In this writ petition, the petitioner who was an applicant for admission to Part-time Engineering Degree Course (Electrical) to the 1st respondent Selection Committee constituted by the State Government has presented this writ petition praying for issue of a writ of mandamus directing the 1st respondent to select the petitioner for admission to the Part-time Engineering Degree Course during the current academic year,

(2.) The petitioner secured a diploma in Electrical Engineering from the Department of Technical Education of the State Govt, in June, 1975. Thereafter, he underwent training commencing from 1-10-1975 to 11-6-1976 in Kirloskar Electrical Company Ltd. Bangalore. Thereafter, the petitioner was given employment by the Hindustan Aeronautics Limited, Bangalore. He was selected for the post of Assistant Supervisor and was placed on training from 14-6-1976 to 13-12-1977. From 14-2-1977, he was appointed as Assistant Supervisor. During the period of training he was paid stipend. After 14-12-1977, he was paid the pay scale fixed lor the post. The State Government has constituted a Selection Committee for making selections to the Government and Aided Engineering Colleges in the State. Apart from the regular course, there is also a Part-time Engineering Degree Course for which students who have passed diploma in the concerned subject alone are eligible. During the current academic year, the petitioner submitted his application to the 1st respondent for selection for admission to Bachelors Degree Engineering Course (Electrical). The petitioner was not selected, though according to the petitioner candidates who have secured lesser marks than him have been seleded. Hence, the petitioner has presented this writ petition complaining of discrimination.

(3.) Sri B. B. Mandappa, learned High Court Government Pleader, appearins for the Selection Committee submitted that the petitioner was not selected as the Selection Committee was of the view that the petitioner was not eligible for selection, He placed reliance of Rule 3 (2) (e) of the Karnataka Engineering. Colleges and Technological Institute (Selection of candidates for admission) Rules, framed by the State Government on 18-7-1979. Sub-rule (2) of Rule-3 provides that no person shall be eligible to apply for admission to a part-time course in any College, inter alia, unless he is holder of a diploma in the appropriate branch of Engineering granted by the Board of Technical Examinations and Rule 3 (2) (e) on which the learned Counsel appearing for the respondents relies reads as follows: