CET 2022: Karnataka High Court Directs KEA To Redo Ranking Process For Engineering & Technology Courses

A single judge bench of Justice S R Krishna Kumar also set aside the note dated July 30, 2022 by which the Authority prescribed that that the II PUC / XII standard marks obtained by the petitioners in 2021 would not be considered for the purpose of CET ranking for the academic year 2022-23.

The bench has directed the authority to redo the CET rankings strictly in accordance with Rules 3 and 4 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 and without reference to proviso to Rule 4 inserted vide Government Order dated 01.09.2021 as expeditiously as possible.

Case Background:

The Petitioners had completed their II PUC /XII standard from the Karnataka State PU Board/ CBSE/ ICSE/ Equivalent in the year 2021. On account of cancellation of the aforesaid II PUC/XII standard examinations for the year 2021, the petitioners did not appear for the said examinations. However, the petitioners were awarded marks and completed their II PUC/XII standard by way of internal assessment by the respective Boards, pursuant to the Government order dated 05.07.2021 issued by the State Government.

The State Government issued a notification dated 01.09.2021 amending Rule 4 of the said Rules of 2006 by inserting a proviso, which contemplated that in respect of admission to Engineering and Technology courses, merit shall be determined with reference to only the marks obtained in the CET conducted for the academic year 2021-22.

Pursuant to insertion of the said proviso, all candidates who intended to take admission to Engineering and Technology courses for the academic year 2021-22 were directed to be selected on the basis of marks obtained by them in the CET conducted for the academic year 2021-22, irrespective of when they had completed their II PUC/XII standard, as the case may be.

On 30.07.2022, the KEA released the CET results and students' rankings. In addition thereto, the KEA also issued the impugned note dated 30.07.2022 to the effect that the qualifying marks of students of the year 2021, which were not considered for CET ranking for the academic year 2021-22, would not be considered for the academic year 2022-23 as well.

Findings:

The bench said that Rule 4 of the (Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006), makes it explicitly clear that the said proviso was applicable for determination of merit with respect to marks obtained in the Entrance Test (CET) for the academic year 2021-22 only. Thus, the same would be restricted only to the said period and would not be extended to any other period.

"The proviso inserted to Rule 4 of the said Rules of 2006 on 01.09.2021 was restricted / limited to admissions to Engineering and Technology courses for the academic year 2021-22 and the same cannot be made applicable to the academic year 2022-23, especially when the said proviso stood exhausted and spent in 2021 itself and no further amendment was made in the year 2022 to Rule 4 in any manner, either by way of a new proviso or any other amendment to the extant Rules," it said.

The Court added that KEA, having unequivocally and unambiguously represented and held out that eligibility for admission to Engineering and Technology courses for the academic year 2022-23 would be based on taking both II PUC / XII standard marks and CET marks in equal proportion, would be estopped from issuing the impugned note directing the said marks not to be considered for the purpose of CET rankings for 2022-23. The impugned note is contrary to the principles of legitimate expectation and promissory estoppel, it said.

Further it held, "A perusal of the impugned note indicates that the same is neither an executive order as contemplated under Article 162 of the Constitution of India nor a subordinate legislation and since the impugned note does not even purport to amend Rule 4 of the said Rules of 2006, the impugned note has no legal sanctity or validity and deserves to be quashed."

Noting that respondents have not placed any material in support of the impugned note which is unreasoned, laconic, non-speaking, cryptic and does not disclose any application of mind and in the absence of any foundation / background shown / established by the respondents prior to the issuance of the impugned note, the same is violative of principles of natural justice.

The bench said, "The marks obtained by the petitioners in II PUC / XII standard in the year 2021 are undisputedly taken into consideration for admission to other undergraduate courses for the academic year 2022-23 and consequently, non-consideration of the same only for Engineering and Technology courses is discriminatory and arbitrary apart from being irrational, unreasonable and unfair and the same deserves to be quashed."

The bench also opined,

"The conduct of the KEA in not intimating/informing petitioners and other students who completed II PUC / XII standard in 2021 that their marks would not be considered for the purpose of CET rankings in the academic year 2022-23 until they issued the impugned note on 30.07.2022, has resulted in denying an opportunity to the petitioners and other students to surrender their previous year's II PUC /XII standard marks and retake the II PUC / XII standard Examinations once again is yet another factor/circumstance that would vitiate the impugned order."

Following which it allowed the petitions.

Case Title: ESHWAR R & others v KARNATAKA EXAMINATION AUTHORITY

Case NO: WRIT PETITION No.15429 OF 2022

Citation: 2022 LiveLaw (Kar) 348

Date of Order: 3rd DAY OF SEPTEMBER 2022

Appearance: Senior Advocates D.R.Ravishankar, S.Basavaraj, A.S.Ponnanna, for the petitioners; Additional Advocate General Dhyan Chinnappa, for the respondents-State; Advocate N.K.Ramesh, for KEA

Click Here To Read/Download Order