The petitioners challenge different eligibility criteria in common entrance examination prescribed for admission to Master of Computer Application (MCA) in various colleges affiliated to different Universities. Ext.P2 is the notification pertaining to the year 2012-
13 issued by the Commissioner for Entrance Examinations (CEE). In Ext.P2, it is stipulated that for admission to colleges affiliated to Mahatma Gandhi University, a pass with not less than 50% marks in any recognised regular Bachelor's Degree is required. However, in respect of colleges affiliated to Kannur University, a pass mark is sufficient for admission to programme. Petitioners also pointed out that M.G. University by Ext.P3, produced in W.P.(C).No.21579/2014, invited application for admission by prescribing a pass in Bachelors Degree for admission to MCA (self financing course) conducted by different institutions (constituent colleges) under the direct control of the University for the year 2012-13. Therefore, there are two questions that arise for consideration, (i) whether CEE can prescribe different criteria for each University for admission to MCA programme; (ii) whether MG University can prescribe different criteria for colleges under direct control or for self financing colleges. The University's stand is that they have power to prescribe eligibility criteria for admission in the affiliated colleges and self financing colleges.
2. I am not entering into the merits of the decision on first point regarding competency of power of CEE for prescribing eligibility criteria based on university affiliations for admission to MCA course as the issue in this writ petition can be resolved while answering the second issue.
3. The MG University prescribed qualification for MCA progamme in self financing colleges by Ext.P3 by stipulating a pass mark in Bachelors degree. However, in affiliated colleges as seen from Ext.P2, it prescribes 50% marks in Bachelors Degree. Petitioners' case is that they have Bachelors Degree and they want to be admitted to MCA programme in affiliated colleges under the MG University. It is seen from various interim orders issued by this Court in these writ petitions that the petitioners have been admitted to MCA programme in various colleges affiliated to the MG University. The students aspiring for admission in affiliated colleges and self financing colleges are similarly situated. No doubt the University can discriminate students based on intelligible criteria. Article 14 forbids class legislation; it does not forbid reasonable classification for the purpose of legislation. However, in order to sustain permissible classification, two conditions must be fulfilled, namely, (i) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and, (ii) that the differentia must have a rational relation to the objective sought to be achieved by the action in question. The classification may be founded on differential basis according to objects sought to be achieved. I do not find any intelligible criteria to differentiate students for admission to MCA programme in affiliated colleges and self financing colleges. Therefore, University's action is unsustainable and violative of Article 14 of the Constitution of India.
4. In the light of the interim orders issued by this Court admissions have already granted to the petitioners to MCA courses, therefore, no further reliefs are required. The writ petitions are disposed of in the light of the interim orders. The University is directed to issue degree certificates to the petitioners after completion of the courses treating the admissions granted to the petitioners are regular. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms