A. Balasubramaniam vs The Secretary to Government Education Department and others

K. A. Swami, C. J.

The Writ appeals arise out of orders refusing to pass interim orders in Writ Petitions 12487 and 12731 of 1994. When the writ appeals came

up for consideration, we thought it necessary to hear the writ petitions themselves. We accordingly, directed both writ petitions to be posted along

with the writ appeals. Accordingly, they are posted. We have heard both sides in all these four matters.

In the writ petitions, the petitioners sought for quashing clause 2.6 of the ""Information and instruction to candidates for second year B. E. Decree

Course Admission, 1994, issued by the Department of Technical Education, Tamil Nadu, on the ground that the upper age limit prescribed under

clause 2.6 of the aforesaid information and instruction to the candidates is violative of Art. 14 of the Constitution and also affects Art. 21 of the

Constitution.

Having regard to the contentions raised on both sides, the following point arises for consideration :--

Whether clause 2.6 of the Information and Instructions to Candidates for Second Year B. E. Decree Course, 1994 fixing the upper age limit of 21

years for all other candidates other than Scheduled Castes and Scheduled Tribes and Tamilian repatriates from Burma and Shrilanka is violative of

Arts. 14 and 21 of the Constitution?

Facts necessary for the purpose of deciding the aforesaid point are no more in dispute. The course in question is ""lateral entry to B. E. Degree

Course"". Under which admission is directly made to second year B. E. Course. The candidates eligible for this course are the diploma-holders

only. The course came to be introduced on the recommendation of All India Council for Technical Education which is issued the guidelines for

preparing the course. As per the said guidelines, the candidates to be admitted to the course, if they belong to Scheduled Castes and Schedule

Tribes, should have completed the diploma programme within one year from the date of their completing the course in polytechnic and in the case

of candidates belonging to all other communities, they should have completed their diploma programme within six months from the date of their

completing the course in the Polytechnic. Further, the age suggested was 24 for scheduled castes and scheduled tribes and 21 for others. On the

basis of the aforesaid recommendation, the Director of Technical Education placed the proposals before the State Government as per the records

produced at pages 25 to 28 of the typed set of records. The aforesaid proposals were approved by the Government as per the communication

dated 6-7-1993 addressed by the Secretary to Government of Tamil Nadu to the Educational Adviser, All India Council for Technical Education,

which reads thus.

I am directed to enclose a copy of proposal of Director of Technical Education sent with his letter cited above (which is self-explanatory). I am to

state that this Government have proposed to accept the recommendation of the Director of Technical Education and take the following decision :

i. The proposal of the Director of Technical Education of Introduction of Laternal Entry System for the Engineering Diploma Holders in II years of

the Fourth Year B. E. Degree Courses be accepted in anticipation of the approval of the AICTE.

ii. The guidelines suggested by the Director of Technical Education in respect of educational qualifications, minimum marks, age limit and criteria for

selection shall be approved.

iii. The Director of Technical Education shall be authorised to issue notifications, instructions, rules, procedures, etc. approved by the Government

for admission of candidates in the I year of the 4 year B. E. Degree programmes and take necessary decisions to implement the scheme during

1993-94 as a special case, in view of the shortage of time to go through the various process connected with the scheme.

iv. The qualifying examination marks only shall be considered for selection during 1993-94.

v. The present scheme of admitting Diploma holders in I year of B. E. programme shall also continue for some time to enable those Diploma-

holders who desire to change their discipline at Degree Level.

I am directed to request you to obtain and convey the early approval of the All India Council for Technical Education in the matter for taking

further action.

The State Government further accepted the proposals and issued the order on 26-10-1993 in G. O. Ms. No. 998 which reads thus :

In the circumstances reported by the Director of Technical Education in his letter second read above, the Government accept the proposal of the

Director of Technical Education and permit the Director of Technical Education to release Notification to invite applications from Diploma-holders

for making selection for admission into the second year of the 4 year B. E./B. Tech. Degree Courses pending approval of All India Council for

Technical Education.

The Government also permit the Director of Technical Education to fill up the vacancies in certain Institutions in 111 Semester within the

sanctioned intake from the diploma-holders by the Lateral Entry System.

Thus, it is clear that the course has been specifically introduced to enable such of those non-S.C. and S. T. students who passed their diploma

course within the period of 6 months and S. C. and S. T. students one year next before the date fixed for receipt of the applications for the course

in question. As per the age limit prescribed, the candidates should not have completed the age as on 1st July, 1994 in the case of physically

handicapped 26 years, scheduled castes and scheduled tribes 24 years, Tamilian repatriates from Burma and Srilanka 24 years and all other 21

years. The petitioners herein do not satisfy the age limit because as on 1-7-1994 as both of them have crossed 21 years and they belong to

categories other than those reserved. The petitioner in W. P. 12487 of 1994 was 28 years old as on 1-7-1994, whereas the petitioner in the other

writ petition was 22 years old as on 1-7-1994. On that ground, the applications have been rejected, even though the petitioner in W. P. 12487 of

1994 has secured marks more than the cut off marks.

We may also point out here that the petitioner in W. P. 12487 of 1994 is serving under the Tamil Nadu Electricity Board. Learned Counsel

appearing for the Tamil Nadu Electricity Board has brought to our notice that without the sanction of the study leave, the petitioner cannot attend

the course, that as the course is for 3 years and as the study leave can be granted only for 2 years, the request of the petitioner has been rejected.

However, it is brought to our notice by learned counsel appearing for the petitioner that he has confined the request for study leave for 28 months

and has made a fresh application on 31-10-1994 and the same is pending consideration.

There is also another circumstances, which can also be adverted to. It is not as though the petitioners are left with no course and the course in

question is the only one to be pursued. Such of those diploma-holders who do not satisfy the age limit prescribed in the scheme in question, are

eligible to seek admission to the B. E. Course conducted in the evening. There is no age limit for admission to B. E. Course conducted in the

evening. There are Government Engineering Colleges which conduct the B. E. Courses in the evening. This circumstance we have stated only to

point out that there is an avenue open to the petitioners to continue the study. It is not as though they are debarred from pursuing the higher study.

The next question for consideration is whether the prescription of age limit can be held to be violative of Arts. 14 and 21 of the Constitution. As

long as there is an avenue open to the diploma-holders who are age barred for the course in question, to pursue, their higher studies the question of

their fundamental right under Art. 21 being affected, does not arise. Moreover, it has been held in Unni Krishnan, J.P. and others Vs. State of

Andhra Pradesh and others etc. etc., that the fundamental right to education is guaranted only up to the age of 14 years and not beyond that; in

other words, there is no fundamental right to claim higher education. As far as Art. 14 is concerned, it depends upon whether there is a power

vested in the Authority to prescribe the age limit. This question is no more res integra. Division Bench of this Court in Nithiyan P. & P. Prasanna v.

State of Tamil Nadu 1994 WLR 624 held that age limit can be prescribed for admission to educational courses. This has been approved by a Full

Bench of this Court in S. R. Bhupeshkar v. The Secretary, Selection Committee, Sabarmathi Hostel, Kilpauk Medical College, Hostel Compus,

Madras-10 and another (W. P. 12517 of 1994 and connected Writ Petitions) decided on 23rd December 1994-- See paragraph No. 17.

The question of discrimination also does not arise, because this is a special course introduced for admission to the 2nd year B. E. Degree

Course for regular students who have just completed the diploma course. Such of those students who have completed the diploma course much

earlier, cannot be classed in the same category with those who have just passed the diploma course and intend to pursue higher studies in

continuation of the diploma course. In fact, as stated in the recommendation of the All India Technical Council this course is introduced under the

following circumstances.

The All India Council for Technical Education, New Delhi has communicated guidelines for admission to Engineering Colleges and Polytechnics

with a request to State Governments to implement them with effect from the academic year 1991-92. One of the aspects of guidelines for

admission envisages the lateral entry of candidates in the second year of the 4 year B.E. Degree course for the benefit of diploma-holders in

engineering so that the diploma-holders in engineering will undergo courses of study in their respective disciplines in II B.E., III B.E. and IV B. E.

classes in engineering colleges and qualify for the award of B. E. degree in their respective disciplines.

A sizeable number of diploma-holders in engineering completing their diploma programmes in about 45 different disciplines from 32 polytechnics of

different categories in the State seek admission in the engineering colleges every year to pursue degree programmes in engineering. Even very

bright diploma-holders are unable to get a seat in B. E. degree course as they have some genuine hardships in facing the competition from Higher

Secondary Course academic students due to the variance in the course contents for diploma stream and Higher Secondary Course academic

stream and the examination systems for both the streams. The present scheme of admitting diploma-holders in the first year of B. E. degree

programme does not give any consideration to the considerable quantum of studies they have undergone in engineering for three years in diploma

level institution. It may be pointed out here that the States like Andhra Pradesh take into account the technical background of the Diploma-holders

and run separate 3 years B. E. degree programmes for them.

In view of the above, it is recommended that the scheme of lateral entry suggested by the All India Council for Technical Education for admission

of diploma-holders in engineering in second year of the 4 year degree programmes can be introduced in the engineering colleges in the State. I,

therefore, submit the following proposal :

Diploma-holders in engineering may be permitted to be admitted in the second year of the B. E. degree programmes in the branches of their

specialisations against the existing vacancies in the various branches and also in excess of the sanctioned intake for the branch to an extent of a

maximum of 10% of the sanctioned intake for each of the branch in the engineering colleges under the control of the Directorate of Technical

Education (Government, Government Aided Engineering Colleges including Regional Engineering College, Thiruchirapalli and all the self-financing

Engineering Colleges in the State). Anna University may also be requested to introduce the scheme in the colleges under its control.

The eligibility criteria for admission of diploma-holders under the scheme of the lateral entry in the second year of the B. E. degree course in

respect of educational qualifications and minimum mark rules will be as follows :

(Note : All other detailed criteria will be given in the admission notification/-instructions to candidates enclosed with application form)

Educational Qualifications :

A pass in the respective diploma in engineering of the State Board of Technical Education and Training, Tamil Nadu or any other equivalent

diploma in engineering as approved by the State Board-of Technical Education and Training, Tamil Nadu. However, candidates belonging to

SC/ST should have successfully completed their diploma programme within one year from the date of their completing the course in the

polytechnic and in the case of candidates belonging to all other communities should have successfully completed their diploma programme within

six months from the date of their completing the course in the polytechnic.

Therefore it is not possible to hold that the prescription of the upper age limit is unrelated to the course in question.

For the reasons stated above, the writ petitions fail and the same are dismissed. Consequently the writ appeals also are dismissed. The C. M.

Ps. are dismissed. However, we make no order as to costs.

Petitions dismissed.