Hearing a petition filed by the student, Aakash Kamalapur, Justice D Y Chandrachud and Justice A A Syed held that the marks obtained be him in Information Technology (Science) shall qualify in determining eligibility to seek admission in engineering course together with marks obtained in compulsory subjects, viz Physics and Mathematics.
By considering the petition, the judges clarifies that this would not disturb the admissions already granted and asked the authorities to permit the student to participate in the admission process under institutional seats quota.
The Centralised admissions process for the admission to the engineering courses of filling under governments seats is over and only institutional level seats to be filled. "Hence, any relief to be granted to the petitioner, can only be in respect of institutional seats", the bench noted.
The petitioner passed HSC examination in may 2012 and appeared fro the Common Entrance Test in Maharashtra to seek admission to Engineering degree courses. He passed in Physics, Chemistry and Mathematics as also in Information Technology (Science).
As per the eligibility requirement of All India Council of Technical Education (AICTE), he should have obtained 45% of marks in compulsory subjects ie Mathematics and Physics and any one optional subject viz Chemistry / Biotechnology / Biology / Technical Vocational Subject.
The Directorate of Technical Education (DTE) informed the petitioner that, he was not eligible for admission since he had obtained less than 44.50% marks in Physics, Chemistry and Mathematics.
The petitioner argued that there was no dispute that Information Technology qualifies as a technical vocational subject and marks obtained by him in this subject and not Chemistry should be considered for eligibility.
Accordingly, the Bombay High Court upheld his plea and asked the authorities to consider his case for admission from the Institutional seats quota.