Rajasthan High Court - Jaipur
Sachin Shekhawat S/O Bhawani Shekhawat vs Convenor, Reap-2021, Centre For ... on 6 October, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11640/2021
1. Sachin Shekhawat S/o Bhawani Shekhawat, R/o
Shekhawat Ponkh, Ponkh, Jhunjhunu, Rajasthan.
2. Laxmi Niwas Panwar D/o Kana Ram, R/o Regaro Ka Bas,
Khunkhuna, Nagaur, Rajasthan.
3. Bankesh S/o Rajveer, R/o Barailpura, Moroli, Dholpur,
Rajasthan.
4. Rahul Kumar Saini S/o Omprakash Saini, R/o Ward No. 4,
Village Dhandhela, Post Rajpura, Tehsil Neem Ka Thana,
Sikar, Rajasthan.
5. Dalip Kumar S/o Om Prakash, R/o Rai Malikpur,
Mahendrgarh, Haryana.
6. Poonam Mahala D/o Vidyadhar, R/o Pratap Pura, Post
Khudi, Laxmangarh, Sikar, Rajasthan.
----Petitioners
Versus
1. Convenor, Reap-2021, Centre For Electronic Governance,
Jhalana Doongri, Jaipur ( Raj.)
2. Secretary, Department Of Technical Education,
Government Of Rajasthan, Jaipur.
3. Bikaner Technical University, Bikaner Through Its
Registrar.
----Respondents
For Petitioner(s) : Mr. Vijay Poonia
JUSTICE DINESH MEHTA
Order
06/10/2021
1. Learned counsel for the petitioner invites Court's attention towards the norms fixed for admission in Engineering Colleges (Appendix-1) given in Approval Process Handbook 2021-22 issued by the All India Council for Technical Education (AICTE) and (Downloaded on 06/10/2021 at 09:42:39 PM) (2 of 2) [CW-11640/2021] submits that a candidate having passed 10+2 examination with any of the subjects Chemistry/Biology/Biotechnology/Technical Vocational subject/Electronics/Computer Science/Information Technology/Informatics Practices/Agriculture/Engineering Graphics/Business Studies/Entrepreneurship is eligible to be admitted in engineering courses whereas, the State Level Committee in its meeting held on 11.08.2021 has provided that a candidate who has passed 10+2 examination with Physics and/or Mathematics will alone be given admission in engineering college.
2. While arguing that the norms set by AICTE are binding and the State cannot take a view contrary to the policy framed by AICTE, learned counsel submits that respondents cannot deny admission to the petitioner who has cleared 10+2 examination with subject Agriculture in the Engineering Colleges.
3. In support of his contention that the AICTE guidelines are binding upon the State Council and all Engineering Colleges, learned counsel relies upon the judgment passed by the Supreme Court reported in (2000) 5 SCC 231 (Jaya Gokul Educational Trust vs. Commissioner & Secretary to Government Higher Education Department, Thiruvanathapuram, Kerala State and Another).
4. Issue notice. Issue notice of stay application also, returnable within six weeks.
5. Meanwhile, the respondents shall provisionally allow the petitioner to submit application form (offline/online) for admission in first year of B.E./B.Tech (Agriculture).
(DINESH MEHTA),J 189-Amar/-
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