Greeva Garg–
Published on August 04, 2021 at 10:16 AM
Kerala High Court approved the Lateral Entry Scheme into engineering colleges for admitting the eligible students in the third semester into B.Tech courses.
The division bench comprising of Chief Justice S. Manikumar and Justice Shaji P Chaly upheld the decision of a single bench of the Kerala High Court while dismissing the appeal filed against it, observing that the appellants failed to make out a case for interference with the same.
Various appeals were filed by the students and the management of private colleges challenging the ruling of the single bench into the matter.
The Single Judge had ruled that “The prospectus issued by the Director of Technical Education regarding Lateral Entry (LE) Scheme, intended to admit meritorious Diploma / D.Voc / B.Sc holders to the 3rd semester of the B. Tech courses, to acquire a degree in Engineering was right and following the law.”
The issue arose when some students moved to the Kerala High Court after APJ Abdul Kalam Technological University canceled the registration of students admitted under the Lateral Entry Scheme, as they were not on the rank list prepared by the Commissioner of Entrance Examinations.
As the university prospectus mentioned entry for only those students who are on the list of Commission of Entrance Examinations, respondents were not given admissions.
The respondents in their contention referred to an agreement allegedly entered between the Managements Association and the Government, which the respondents alleged to be the source of power for Government to make decisions.
After an analysis of the provisions of the prospectus, the Division Bench observed the boundness of Management to admit students only from the list, but regarding the agreement between college managements and Government, the bench opined that “It cannot be said that the agreement executed by and between the State Government and the educational agencies would not take in the Lateral Entry Course and if that was the situation, there would have been a specific exclusion of the Lateral Entry Course from the agreement executed by and between the parties.”
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