Islamic Academy Of Education And Anr. vs State Of Karnataka And Ors.
- CitationAIRONLINE 2005 SC 27
Ratio decidendi
The rule this decision rests on
Where seats in engineering colleges remain vacant after the completion of a common entrance test conducted by State Governments, those vacant seats may be filled by admitting candidates on the basis of merit in their 10+2 examination, provided that: (1) first, State Governments are offered the opportunity to submit lists of candidates who took the entrance test but did not secure admission, and colleges must admit from those lists if received; and (2) only after such candidates are accommodated may the remaining vacant seats be filled on merit basis from candidates who did not take the entrance test but are otherwise eligible and qualified, such direction being applicable for the academic year in question.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
This application has been filed by the All India Medical and Engineering Colleges Association but is restricted to admission to engineering colleges. According to the applicant, as of today, no student, who had taken Common Entrance Test [C.E.T.] conducted by the respective State Governments, is available for admission in the engineering colleges, which are members of the applicant's association, and number of seats are still lying vacant. The contention is that if these vacant seats are not permitted to be filled up by admitting students on the basis of merit marks obtained on the basis of 10+2 examination conducted by the Central Board of Secondary Education [C.B.S.E.] or other equivalent examination conducted by the State Government and who are otherwise eligible and qualified, except that they have not taken C.E.T. conducted by the respective State Governments, all these seats would go waste. Under these circumstances, we dispose of the application by issuing the following directions:
1) It would be open to the State Governments to send the list of candidates seeking admission in engineering courses, who may have taken C.E.T. conducted by the State Governments/entrance test conducted by consortium colleges and have not got admission. The said list shall be sent to the engineering colleges within one week from the State Governments being notified about the orders passed by this Court. This order shall be notified by the applicant to the State Governments forthwith but, in any case, not later than severity two hours. If any State Government has fixed higher standards, the same shall have to be complied with before granting admission.
2) In case the names, as mentioned in Clause (1), are received, the colleges would give admission to those students in the first instance.
3) All remaining vacant seats are permitted to be filled up on the basis of merit marks obtained in 10+2 examination conducted by the C.B.S.E. or other Boards.
The aforesaid directions are for the present academic year, i.e., 2005-2006.
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