The Court upheld a 28-year upper age limit for lateral entry Diploma holders seeking B.Tech admission. The Government Policy decision to impose strict age restrictions for those claiming exemption from the first year was deemed reasonable and not subject to judicial interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 17TH DAY OF JULY 2013/26TH ASHADHA, 1935 WA.No. 1021 of 2013 () IN WP(C).3056/2013 -------------------------------------------
WP(C) NO.3056 OF 2013 F OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
SAJNA SALAS,AGED 28 YEARS, W/O.T.G.VALLINAYAGAM, RESIDING AT 11/1347 CENTRE ODATHA, KOCHI-682 001. BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA
RESPONDENTS/RESPONDENTS:
BY SPECIAL GOVERNMENT PLEADER SMT.GIRIJA GOPAL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
Manjula Chellur, C.J. & K.Vinod Chandran, J.
Writ Appeal No.1021 of 2013 -------------------------------------------Dated this, the 17th day of July, 2013
J U D G M E N T
Manjula Chellur,C.J.:
The entire issue revolves around the imposition of restriction in the nature of prescribing upper age limit as 28 years for Diploma holders, who intend to pursue higher technical education by taking advantage of lateral entry scheme introduced with effect from 2002. The appellant/writ petitioner is a Diploma Holder in Electronics, who knocked at the door of this Court challenging the prospectus for the entrance examination for admission to B.Tech Degree through lateral entry. As the prospectus indicate, a candidate above the age of 28 years, is not eligible to appear for the entrance examination conducted for the lateral entry candidates. The appellant approached the Court challenging the same as creating a classification between the candidates who were below the age of 28 years and above the age of 28 years so far as lateral entry scheme benefit is concerned.
W.A No.1021 of 2013 : 2 :
According to them, there is no reasonable nexus, in introducing such age limit, with the object to be achieved by the scheme of lateral entry.
other disciplines, where lateral entry scheme is provided, age restriction is not at all made. Therefore, there is no intelligible differentia, on the basis of age so far as the higher technical education is concerned, in respect of lateral entry scheme aspirants.
W.A No.1021 of 2013 : 3 :
years and consistent stand of the respondents, regarding age limit, is maximum of 28 years.
of the reasons for fixing the upper age limit as 28 years. According to the respondent, the average age of a student who gets admitted to technical education through entrance examination would be 17 years and if students of that age group are mixed with the persons of the age of 28, it would be difficult for the teacher to handle such students. We fail to understand the logic behind the stand of the respondent, especially, since no age restriction is provided in so far as the eligibility to compete in general open entrance examination and seeking admission to any professional course including technical education. If a candidate aged more than 28 years who does not have a Diploma can compete in the entrance examination, on the basis of his/her Plus-two qualification alone and obtain admission for the course; the same teachers will have to handle classes with the students aged 17 years and those far above that age. Therefore, we are of the opinion, the reasoning given by the respondent at paragraph 4 has no rationale behind it.
W.A No.1021 of 2013 : 4 :
W.A No.1021 of 2013 : 5 :
policy decision of the State cannot be found fault with, as the candidate intends to take the concession offered to Diploma holders, who get the benefits of exemption from joining first year, as they straight away join in the second year.
In that view of the matter, we are of the opinion the appeal deserves to be dismissed and hence, is accordingly dismissed.
Sd/Manjula Chellur, Chief Justice
Sd/K.Vinod Chandran, jma/180713 Judge.
( true copy )
2 issues framed by the court
Whether imposing an upper age limit of 28 years for lateral entry Diploma holders violates Article 14 by creating unreasonable classification.
Whether the average age of general entrants can justify age restrictions for lateral entry students claiming exemption from the first year.
Sajna Salas
State of Kerala
Dr. Manjula Chellur
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
