Karnataka High Court
Ms Aiswarya Vilas Desai vs The State Of Karnataka on 28 August, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF AUGUST, 2012
BEFORE
HON'BLE MR. JUSTICE RAM MOHAN REDDY
W.P.No.26472/2012 C/W
W.P.NO.29433/2012(EDN-AD)
W.P.NO.26472/2012
BETWEEN
MS AISWARYA VILAS DESAI
S/O VILAS DESAI,
AGED 18 YEARS,
OCC: STUDENT,
R/O BO. 108, JJ APARTMENT,
NO. 1,OPP: VIJAY NAGAR CLUB,
VIJAYA NAGAR,
BANGALORE- 560 040
... PETITIONER
(BY SRI V.S.GUNJAL & SRI V.V.GUNJAL, ADV.,)
AND
1. THE STATE OF KARNATAKA
EDUCATION DEPARTMENT (HIGHER EDUCATION)
M.S BUIDLING, AMBEDKAR VEEDHI,
BANGALORE- 560 001,
BY ITS PRINCIPAL SECRETARY EDUCATION.
2. DIRECTOR OF TECHNICAL EDUCATION
OPPOSITE MAHARANI'S COLLEGE,
PALACE ROAD, BANGALORE- 560 001
BY ITS DIRECTOR
3. KARNATAKA EXAMINATIONS AUTHORITY
1ST FLOOR, 18TH CROSS, SAMPIGE ROAD,
MALLESWARAM, BANGALORE- 560 003,
BY ITS EXECUTIVE DIRECTOR
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4. THE VISVESVARAYA TECHNICAL UNIVERSITY
BY ITS REGISTRAR,
MACHE, BELGAUM- 590 018
5. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
SOUTHERN REGIONAL OFFICE
PRASANNA KUMAR BLOCK
CENTRAL COLLEGE CAMPUS
PALACE ROAD, BANGALORE
BY ITS REGIONAL DIRECTOR
AMENDED AND ADDED BY VIDE
ORDER DATED 8.8.2012.
... RESPONDENTS
(BY SRI R.OMKUMAR, AGA FOR R1 AND R2
SRI N.K.RAMESH, ADV., FOR R3
SRI BHARATH KUMAR, ADV., FOR R4
SRI P.S.DINESH KUMAR, ADV., FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.1 TO 3 TO DEFINE THE TERM TECHNICAL
VACATION AND TO CONSIDER THE SUBJECT INFORMATION
TECHNOLOGY AS TECHNICAL VOCATIONAL SUBJECTS AS
DESCRIBED BY THE AICTE VIDE ANNEXURE-F [UNDATED] FOR
THE YEARS 2012-13 AND HOLD THAT PETITIONER IS ENTITLED
FOR ADMISSION TO ENGINEERING AND TECHNOLOGY
COURSES WHO HAVE PASSED 10+2 EXAMINATION WITH
PHYSICS AND MATHEMATICS BEING COMPULSORY SUBJECTS
ALONG WITH CHEMISTRY, EXCLUDING INFORMATION
TECHNOLOGY AS ARBITRARY AND WHIMSICL INTERPRETATION
TO THE STUDY THE COURSE OF UNDER GRADUATE BE
PROGRAMME, DECLARING IT AS UNCONSTITUTIONAL
VIOLTING THE FUNDAMENTAL RIGHTS OF THE PETITIONER
AND THE STUDENTS SIMILARLY PLACED AND AS ARBITRARY,
ILLEGAL AND CANNOT BE MADE APPLICABLE TO THE
STUDENTS WHO HAVE STUDIED PRE-UNIVERSITY FOR
DURING ACADEMIC YEARS 2008-2009, 2009-2010, 2010-2011,
2011-2012 AND CONSEQUENTLY DIRECT THE 4TH
RESPONDENT TO RE-NOTIFY ANNEXURE-H TO INCLUDE
INFORMATION TECHNOLOGY ONE OF TECHNICAL VOCATION
SUBJECT TO FOR DETERMINE THE ACADEMIC ELIGIBILITY
FOR PURPOSE OF ADMISSION TO B.E./B.TECH COURSES FOR
THE ACADEMIC YEARS 2010-13.
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W.P.NO.29433/2012
BETWEEN
1. MR AAKASH
AGED ABOUT 17 YEARS
S/O VIJAYEENDRA KAMALAPUR
R/O FLAT NO.4, SANKULA SOCIETY,
PLOT NO.15, SECTOR 42A,
NERUL WEST,
NAVI MUMBAI -400 706
AND
NO.422/14, 1ST PHASE, V STAGE,
6TH MAIN, 6TH CROSS, BEML LAYOUT,
RAJARAJESHWARI NAGARA,
BANGALORE-560 098
SINCE MINOR REPRESENTED BY FATHER
VIJAYEENDRA KAMALAPUR
S/O SHESHAGIRI RAO KAMALAPUR,
R/O FLAT NO.4, SANKULA SOCIETY
PLOT NO.15, SECTOR 42A,
NERUL WEST,
NAVI MUMBAI -400 706
... PETITIONER
(BY SRI V.V.GUNJAL & SRI S.BHAVANA, ADV.,)
AND
1. KARNATAKA EXAMINATIONS AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, MALLESHWARAM
BANGALORE-560 003
2. STATE OF KARNTAKA
THE SECRETARY TO GOVERNMENT (HIGHER
EDUCATION), EDUCATION DEPARTMENT,
GOVERNMENT OF KARNATAKA
M.S. BUILDING, AMBEDKAR VEEDHI,
BANGALORE-560 001
3. THE DIRECTOR OF TECHNICAL EDUCATION
OPP. MAHARANIS COLLEGE, PALACE ROAD,
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BANGALORE-560 001
BY ITS DIRECTOR
4. THE VISHWESHWARAIAH TECHNOLOGICAL UNIVERSITY
MACHE, BELGAUM -590 114
BY ITS REGISTRAR
5. ALL INDIA COUNCIL OF TECHNICAL EDUCATION
SOUTHERN REGION,
HAVING ITS REGIONAL OFFICE
AT PRASANNA KUMAR BLOCK,
CENTRAL COLLEGE CAMPUS,
PLACE ROAD, BANGALORE-560 009
BY ITS REGIONAL DIRECTOR
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
ACCEPT THE INFORMATION TECHNOLOGY (SC.) AND RELATED
SUBJECTS AS TECHNICAL VOCATION AND TO CONSIDER THE
SUBJECT INFORMATION TECHNOLOGY ALSO AS TECHNICAL
VOCATIONAL SUBJECTS AS DESCRIBED BY THE AICTE VIDE
ANNEXURE-F (UNDATED) FOR THE YEARS 2012-13 AND HOLD
THAT PETITIONER IS ENTITLED FOR ADMISSION TO
ENGINEERING AND TECHNOLOGY COURSES WHO HAVE
PASSED 10+2 EXAMINATION WITH PHYSICS AND
MATHEMATICS BEING COMPULSORY SUBJECTS ALONG WITH
CHEMISTRY, EXCLUDING INFORMATION TECHNOLOGY AS
ARBITRARY AND WHIMSICAL INTERPRETATION TO THE STUDY
THE COURSE OF UNDER GRADUATE BE PROGRAMME,
DECLARING IT AS UNCONSTITUTIONAL VIOLATING THE
FUNDAMENTAL RIGHTS OF THE PETITIONER AND THE
STUDENTS SIMILARLY PLACED AND AS ARBITRARY, ILLEGAL
AND CANNOT BE MADE APPLICABLE TO THE STUDENTS WHO
HAVE STUDIED PRE-UNIVERSITY FOR DURING ACADEMIC
YEARS 2008-09, 2009-10, 2010-11, 2011-12, 2012-13 AND ETC.,
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Since the common question of law and fact arises for decision making, with the consent of learned
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Counsel for the parties, petitions are clubbed together, finally heard and are disposed of by this order.
2. Petitioner a student having completed the Pre- University course applied for admission to the engineering course, and when denied admission on the premise that the subject Information Technology is a non-vocational technical subject and not equivalent or akin to Computer Science/Electronics, though the All India Council for Technical Education amended the eligibility norms by adding Technical Vocational subject without defining the said term, as also despite the order in W.P.NO.20992/2012 interpreting the term Technical Vocational to include Computer Science/Electronics, hence, this petition for a writ of mandamus directing respondents 1 to 3 to define the term Technical Vocational to include the subject Information Technology.
3. Sri P.S.Dinesh Kumar, learned standing counsel for the AICTE submits that though the term
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Technical Vocational includes Computer Science/Electronics, nevertheless, includes Information Technology is also one of the subjects.
4. In that view of the matter, nothing further survives for consideration in these petitions and are accordingly disposed of.
Sd/-
JUDGE PB