B.V. Satish Kumar and Others vs Convener, ECET (FDH)-2005, JNTU and Others

L. Narasimha Reddy, J.—The petitioners appeared in the Engineering Common Entrance Test (ECET) conducted on 9.8.2005, with a view

to seek admission in the II-Year B. Pharmacy Course for the academic year 2005-06. All of them have studied Diploma Courses in Pharmacy.

They were not selected for admission into II-Year B. Pharmacy Course. Therefore, they opted to join Bio-Technology Course in the 3rd

respondent-College. They were admitted in the II-Year of Bio-Technology Course against the Management Quota. However, their admissions

were cancelled through a letter, dated 9.8.2005, issued by the 3rd respondent, on the basis of the instructions issued by the 2nd respondent. They

challenge the cancellation of their admission.

Sri Radha Krishna Reddy, the learned Counsel for the petitioners, submits that according to the Instructions Booklet issued by respondents 1

and 2, candidates who have passed Diploma in Pharmacy are entitled to be admitted into the II-Year of B. Pharmacy and Bio-Technology

Courses, irrespective of the fact whether they have taken the Entrance Examination in Pharmacy or Bio-Technology. He contends that during the

previous academic year, several diploma-holders in Pharmacy, who took the entrance examination in Pharmacy, were admitted in the II year of

Bio-Technology Course and that the petitioners were discriminated.

Sri Rathangapani Reddy, learned Standing Counsel for respondents 1 and 2 submits that the instructions issued by respondents 1 and 2 in

relation to the lateral admissions to various courses are very clear to the effect that it is only those candidates, who take entrance examination in

Bio-Technology, that are entitled to be admitted into the II-Year of Bio-Technology Degree Course and not others. He contends that the

petitioners have not taken their Entrance Examination in that course and as such, they were not entitled to be admitted into 11-Year of Bio-

Technology Degree Course.

In addition to providing for admission into 1-Year of Engineering, Pharmacy and Technology Courses, respondents 1 and 2 have provided for

admission into 11-Year of those courses also. The latter is called lateral admission. The difference is that while the candidates that have passed the

Intermediate Course are eligible to be admitted into the I-Year on the basis of ranks obtained by them in the EAMCET and other related entrance

examinations, those who passed diploma courses in the respective subjects, are eligible to be admitted into the II-Year of the Courses concerned,

based on their performance in the Entrance Examination called ECET.

The qualification for lateral admission into B. Pharmacy Degree Course is Diploma in Pharmacy. For similar admission into Bio-Technology

Degree Course, Diploma holders in three separate courses viz., (1) Diploma in Bio-Technology (2) Diploma in Pharmacy (c) Diploma in Chemical

Engineering, are eligible. These two courses are shown as Items 28 and 29 in the Instructions Booklet issued by respondents 1 and 2. As regards

the mode of selection, the instructions disclose that candidates seeking admissions into these courses viz. Pharmacy and Bio-Technology have to

appear in the ECET in the respective course. The instructions do not enable a candidate, who appears in the ECET in one subject, to be admitted

into the Degree Course in the other subject. In other words, though the qualifying examination for both the courses is common to certain extent, the

appearance in the Entrance Examination in concerned subject is mandatory.

The petitioners, who are the diploma holders in Pharmacy are qualified for admission into II-Year Pharmacy or Bio-Technology Degree

Courses, depending upon the subject, in which they have taken the entrance examination. All of them have appeared in the Entrance Examination

in Pharmacy alone. Hence, they were entitled to be admitted in the II-Year of B. Pharmacy. They would become eligible to be admitted into the

Bio-Technology Degree Course, if only they had appeared in the Entrance Examination in the subject of Bio-Technology. Inasmuch as they did not

take examination in that subject, they did not get the eligibility for that course. Simply because the Diploma in Pharmacy is one of the eligible

qualifications for Bio-Technology Degree Course also, they cannot seek admission in that course, without taking the Entrance Examination in Bio-

Technology .

The issue can be examined from another angle. Diploma in Chemical Engineering is recognized as one of the qualifications for admission into 11-

Year of Bio-Technology . The same diploma is a qualification for admission into II-Year Chemical Engineering also. For admission into that course

a candidate has to appear in the Entrance Examination with the subject of Chemical Engineering. A candidate, who takes entrance test in Chemical

Engineering, cannot claim admission into II-Year of Bio-Technology, on the ground that Diploma in Chemical Engineering is one of the recognized

qualifications for admission into that course.

Viewed from any angle, this Court does not find any basis to grant any relief to the petitioners. The writ petition is accordingly dismissed. It is,

however, directed that inasmuch as the admissions of the petitioners were cancelled, the fee paid by them shall be refunded to them, without any

undue delay, if not already refunded. There shall be no order as to costs.