Madras High CourtWP/33879/2024allowed

S.Vinitha v. The Directorate Of Technical Education,

2025-02-06Honourable Mrs Justice N. Mala7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025 Coram THE HON'BLE MRS JUSTICE N.MALA W.P.No.33879 of 2024 & W.M.P.No.36694 of 2024 S.Vinitha ... Petitioner -Versus1.The Directorate of Technical Education, Rep. by its Commissioner, No.53, Sardar Patel Road, Guindy, Chennai - 600 028.

2.The Government Polytechnic College, Rep. by its Principal, Perundurai, Erode District - 638 082.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus to direct the respondents to permit the petitioner to write the exams as per schedule for the second year (lateral entry) Electrical and Electronical Engineering diploma course to be held on 13.11.2024 & 15.11.2024 and other examinations and consequently direct the respondents herein to permit the petitioner to pursue the direct second year (lateral entry) Electrical Electronical diploma course in the 2nd respondent college. For Petitioner : Mr.R.Nalliyappan For Respondent 1 : Mr.C.Jayaprakash,

For Petitioner : Mr.R.Nalliyappan Government Advocate

ORDER

This writ petition has been filed seeking direction to the respondents to permit the petitioner to write the exams as per the schedule for the second year (lateral entry) Electrical and Electronical Engineering diploma course to be held on 13.11.2024 & 15.11.2024 and other examinations and also to direct the respondents to permit the petitioner to pursue the direct second year (lateral entry) Electrical Electronical diploma course in the 2nd respondent college.

2. The petitioner has secured lateral entry seat in the second year (lateral entry) Electrical Electronical Engineering in the second respondent College based on the qualifications namely pass in 10th standard, and completion of two year ITI course. While so, the petitioner appeared for 1st exam (practical) on 05.11.2024. Thereafter on 07.11.2024, she was not allowed to attend the 2nd exam (practical), stating that she was not eligible for lateral entry as she completed 10th standard failed subject and ITI course in the same academic year.

3. The petitioner submitted a representation on 07.11.2024 to the second respondent in person requesting that she be allowed to continue the course and

to attend semester exams. The said representation was not considered. Hence, the petitioner filed this writ petition for the above said relief.

4. The respondents filed a counter reiterating that the petitioner was not eligible for getting lateral entry admission in Polytechnic colleges as per AICTE norms as she completed 10th standard as well as the ITI course in the same academic year. The respondents state that as the petitioner did not satisfy the eligibility conditions for admission, she was denied permission to attend the examinations.

5. I heard both sides and perused the materials placed on record.

6. The AICTE norms are extracted hereunder for better appreciation of the case:

Sl.

No.

Programme Duration Eligibility v All Programmes (Lateral Entry to Second Year Diploma) 2 years Passed 10+2 examination with Physics / Mathematics / Chemistry / Computer Science / Electronics / Information Technology / Biology / Informatics Practices / Biotechnology / Technical Vocational Subject / Agriculture / Engineering Graphics / Business Studies / Entrepreneurship as per table 1.3(a) OR 10th + (2 years ITI) shall be eligible for

admission to Second Year Diploma Course(s) in ANY branch of Engineering and Technology.

(The Affiliating Body will offer suitable bridge courses such as Mathematics, Physics, Engineering drawing etc., for the students coming from diverse backgrounds to achieve desired learning outcomes of the programmes)

7. As per the AICTE norms, for gaining lateral entry one must have completed 10th standard and ITI 2 year course. Even in the first respondent's notification dated 03.05.2024, the requisite qualification is 10th standard pass and 2 year ITI passed in any branch of Engineering Technology. Admittedly, the petitioner completed 10th standard by clearing a failed subject in March 2022 and thereafter, she completed ITI course in November 2022. As the petitioner passed 10th standard and also 2 year ITI course, she is eligible for lateral entry as per the AICTE norms and the first respondent's notification. The AICTE norms and notification do not support the respondents' contention that 10th standard exam and 2 year ITI course completed in the same year debars a person from seeking lateral entry. The petitioner has passed both 10th standard and ITI course and therefore, as per AICTE norms and the first respondent's notification, she is fully eligible for lateral entry.

8. In view of the above, this writ petition is allowed as prayed for. No

costs. Consequently, the connected miscellaneous petition is closed. 06.02.2025 nl Index : Yes/No Speaking order/Non speaking order To 1.The Commissioner, The Directorate of Technical Education, No.53, Sardar Patel Road, Guindy, Chennai - 600 028.

2.The Principal, The Government Polytechnic College, Perundurai, Erode District - 638 082.

N.MALA, J.

06.02.2025