Page No.# 1/6 GAHC010149022024 2025:GAU-AS:16665 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3717/2024 PALLAB DEKA AND 6 ORS S/O SRI LAKHSYADHAR DEKA, RESIDENT OF VILLAGE 1 NO. BEZPARA, DIST DARRANG, PS AND PO MANGALDAI, 784125 2: SRI JUMAN HAZARIKA S/O AMAR HAZARIKA RESIDENT OF SOUTH SARANIA BAIKUNTHA PATH LACHITNAGAR GUWAHATI 781007 3: SRI KAUSIK SHIL S/O KANAI SHIL RESIDENT OF VILLAGE GARANG PARA PO THAKURIA PARA DIST UDALGURI PS TANGLA 784522 4: SMTI VIOLINA KASHYAP D/O KHAGEN KALITA RESIDENT OF KHARGHULI NEAR UNNAYAN SAMITI PO KHARGHULI GUWAHATI 781004 5: SRI AKASH NEOG S/O SANJIB NEOG RESIDENT OF 87 NH 37 11TH POLICE COLONY WARD NO. 4 PO PTC DERGAON DIST GOLAGHAT ASSAM 785614 Page No.# 2/6 6: SAFIKUL RAHMAN S/O TALEBAR RAHMAN RESIDENT OF DATALPARA NATUN BASTI GO PATH DHIRENPARA GUWAHATI 781025 7: SRI SNEHASIS DAS S/O DURGESWAR DAS RESIDENT OF VILLAGE FULGURI PO SIKARHATI PS PALASHBARI DIST KAMRUP ASSAM 78112 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SKILL, EMPLOYMENT AND ENTREPRENUERSHIP ,DISPUR GUWAHATI KAMRUPM ASSAM 781006 2:THE DIRECTOR EMPLOYMENT AND CRAFTSMEN TRAINING REHABARI GUWAHATI DIST KAMRUP M ASSAM 781008 3:THE STATE COUNCIL FOR TECHNICAL EDUCATION TRAINING DIRECTORATE OF TECHNICAL EDUCATION KAHILIPARA GUWAHATI 19 DIST KAMRUP M ASSAM 4:THE DIRECTOR OF TECHNICAL EDUCATION KAHILIPARA GUWAHATI 19 DIST KAMRUP M ASSAM 5:ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NELSON MANDELA ROAD VASANT KUNJ NEW DELHI 11006 Advocate for the Petitioner : MR. D CHOUDHURY, MR. R K SARMA,MR T CHAKRABORTY Advocate for the Respondent : SC, A I C T E, MR. S P DAS, SC, S E AND E,MR. K GOGOI, SC, TECHNICAL EDU.,SC, D E AND C T Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 03.12.2025 Heard Mr. T. Chakraborty, learned counsel for the petitioners; Mr. S. Das, learned standing counsel for the Higher Education Department, being respondent Nos. 3 & 4; and Mr. K.P. Pathak, learned standing counsel for the AICTE, being respondent No. 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed:- (i) for setting aside and quashing the notice dated 13.07.2024; (ii) for issuing direction to the respondent authorities to allow the petitioners to get lateral admission in Government Polytechnic Institutes; and (iii) for quashing the action of the respondent authorities, whereby the petitioners have been debarred from getting lateral admission in Government Polytechnic Institutes. 3. Mr. Chakraborty, learned counsel for the petitioners submits that the petitioners have duly passed one year ITI course in their respective trades and as per the advertisement dated 10.01.2024, published by the respondent authorities, the petitioners being entitled to take lateral admission in Government Polytechnics of Assam, have submitted their applications for lateral entry into the polytechnics. 3.1. Mr. Chakraborty also submits that vide communication dated 28.03.2024, Page No.# 4/6 the respondent No. 2 had submitted a provisional select list to the respondent No. 4 and in the said provisional select list, the names of the present petitioners also appeared on the basis of their merits and accordingly, the petitioners had participated in the counseling process, with all the necessary documents, in terms of the notice dated 14.05.2024, issued by the respondent No. 4. But, on 13.07.2024, the respondent No. 2 had issued another, wherein it is provided that the candidates of 10+2 years ITI course will only be eligible for lateral entry into the Government Polytechnics of Assam and that such decision of the respondent No. 2 is illegal and arbitrary, inasmuch as the advertisement dated 13.07.2024, was issued only after the counseling process was over and the condition, so laid down in the said advertisement, was never communicated by the respondent authorities prior to the point of time and being aggrieved, the petitioners have approached this Court by filing the present petition. 3.2. Mr. 3.2. Mr. Chakraborty further submits that since the action of the respondent authorities and the notice dated 13.07.2024, are arbitrary and illegal, the same are required to be interfered with. 4. Per-contra, Mr. Das, learned standing counsel for the Higher Education Department, by referring to the Annexure – 1 series, at page Nos. 21 – 27 of the petition, submits that the said certificates are National Trade Certificates, issued by the Member Secretary to the National Council for Vocational Training and Secretary to the Council for Vocational Training, respectively and the same indicates that the petitioners have passed one year training course in the sector of Construction And Wood Working and COPA, respectively, from Government Industrial Training Institute, Guwahati, ITI. 4.1. Further, referring to the Appendix – 1, the Norms for Duration to Entry Level Qualifications and Statutory Reservations of the Technical Programmes, Page No.# 5/6 which is a part of AICTE’s Approval Process Handbook, Mr. Das submits that the same indicates that for all diploma courses of 2 years duration, 10+2 years ITI will be eligible for admission to second year diploma course(s) in any branch of engineering and technology. 4.2. Mr. Das also submits that as the present petitioners have possessed only one year diploma course from ITI, they are not eligible for lateral entry into the Government Polytechnic Institutes and therefore, it is contended to dismiss this petition. 5. On the other hand, Mr. Pathak, learned standing counsel for the AICTE, referring to the said Appendix, submits that the same is a part of AICTE’s Approval Process Handbook for the year 2023 – 2024 and the same was issued as per statutory rule formed by the AICTE and as such, the said Appendix has statutory force. 5.1. Mr. Pathak further submits that as per the requirement for lateral entry into the Government Polytechnic Institutes for diploma courses, the qualification should be 10+2 years ITI only and since the present petitioners have possessed only one year diploma course from ITI, they are not eligible for lateral entry into the Government Polytechnic Institutes and therefore, it is contended to dismiss this petition. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the advertisement dated 10.01.2024 (Annexure – 2), issued by the respondent No. 2. 7. It appears that in the advertisement dated 10.01.2024, in the Educational Qualification column, it is stated that the candidates must pass HSLC Exam or Page No.# 6/6 its equivalent from the Board of Secondary Education Assam or its equivalent exam or from any other recognized board with Science and Maths as a compulsory subject in a single sitting and ITI passed out in Draughtsman Civil or Surveyor Trade or Construction and Wood Working sector in Single Sitting. However, there is no indication as to whether the candidates of ITI passed should possess 1 year course or 2 years course. 7.1. Thereafter, a notice was issued on 13.07.2024, after issuance of the provisional select list, wherein it is stated that only trades of 10+2 years ITI course will be eligible for admission to second year diploma course(s) in the corresponding branch of engineering and technology. 7.2. It also appears that AICTE’s Approval Process Handbook was issued as per statutory rule and as such, the Appendix – 1 has statutory force. 8. Further, as submitted by the learned counsel for the respondent authorities, the advertisement was published for the year 2023 – 2024 and today we are in the year 2025 and the said admission process has already been over. 9. Since the educational qualification for lateral admission in Government Polytechnics of Assam is 10+2 years ITI course and the present petitioners have possessed only one year training course, they are not eligible for lateral entry to second year diploma course. 10. In that view of the matter, this Court finds no merit in this petition and accordingly, the same stands dismissed. JUDGE Comparing Assistant