HC refuses to alter AICTE norms

The Madras High Court today declined to quash the All India Council for Technical Education (AICTE) notification fixing 40 per cent marks as eligibility criteria for admission to engineering courses for students belonging to SCs and STs category.
The First Bench, comprising Acting Chief Justice Rajesh Kumar Agarwal and Justice N Paul Vasanthakumar, in its order said the court found no ground to exercise its extraordinary jurisdiction to direct the authorities to lower the minimum eligibility criteria from 40 per cent fixed by AICTE to 35 per cent.
The bench upheld the interim order passed by the single judge on August 22 last year directing that status quo be maintained while dismissing a petition filed by the Tamil Nadu government challenging the AICTE notification and praying for a direction to lower the eligibility marks for admission from 40 per cent to 35 per cent in the qualifying Class 12 exam.

The bench, however, directed that all admissions made during 2011-12 and 2012-13 in respect of SC, SC (A) and ST students shall not be disturbed and they shall be allowed to pursue their courses as per the provisions applicable in respective colleges.
The court rejected the contention that many seats in engineering colleges remained vacant following prescribing of 40 per cent marks and the Acting Chief Justice observed these seats remained vacant even before AICTE set the new eligibility criteria.
The state government had filed an appeal against a single Judge's order of July 2012 dismissing a writ petition, wherein the judge held that the state had no legal or constitutional authority to challenge the AICTE regulations.

The government along with Department of Technical Education and SC/ST Employees Welfare Association had filed a petition seeking to quash the AICTE's notification of July 4, 2011, stipulating 40 per cent minimum marks for the reserved categories.
The state government submitted that the requirement of a higher percentage of marks would put the socially backward students belonging to SC/SC (A)/ST to serious disadvantage in getting admission to engineering courses.