2002 Supreme(AP) 1490
Andhra Pradesh High Court
Judges : L.NARSIMHA REDDY
M.John David - Appellant
Versus
NTR University of Health sciences, Vijayawada, Krishna District - Respondent
Decided On : 12-27-02
Headnote:
Community certificates Act, 1993 – Claimed – Category – Admission – Conducted – EAMCET – Tribes – Regulation – Issue - District Collector West godavari initiated proceedings against 3rd respondent said Act - Through orders District collector upheld social status of 3rd respondent - Thereupon petitioner carried matter in appeal before government of Andhra Pradesh appeal was allowed through orders and same resulted in cancellation Caste certificate issued 3rd respondent 3rd respondent filed challenging order of Government writ petitioner has filed present writ petition direction to respondent cancel admission 3rd respondent in view orders Government and consequently admit petitioner to 1st year of MBBS course in vacancy so caused – Held, Court view that a similar situation arises present case also - But for wrongful admission granted to 3rd respondent petitioner would have had a chance of being considered - Accordingly respondents 1 and 2 are directed to cancel admission of 3rd respondent in view of judgment of this Court in and to consider case of petitioner along with other similarly situated candidates into 1st year MBBS Course in 2nd respondent college in admissions during current academic year if they are not closed - If admissions for current academic year are closed this exercise shall be undertaken during next academic year - Such a seat shall however not cut into sanctioned strength of Regulation college – Petition dismissed
( 1 ) THIS writ petition is connected to W. P. No. 14881 of 2002 filed by the 3rd respondent herein. Hence, it is disposed of simultaneously along with the said writ petition, though through a separate order.
( 2 ) THE petitioner and the 3rd respondent appeared in the EAMCET conducted in the year 2000. They secured ranks 3005 and 2626 respectively. The petitioner claimed social status of BC c being a converted Christian. The 3rd respondent also claimed the same status. In view of the meritorious rank of the 3rd respondent, he came to be selected and admitted into the 1st year of MBBS Course at the 2nd respondent College.
( 3 ) ALLEGING that the 3rd respondent does not belong to BC c category, the petitioner herein filed WP No. 350 of 2001 seeking a direction for cancellation of the admission of the 3rd respondent. The writ petition was dismissed and he preferred wa. No. 188 of 2001. The sane was disposed of with an observation that it shall be open to the petitioner to make representation and initiate proceedings before the appropriate authority constituted under the Andhra Pradesh (Scheduled castes, Scheduled Tribes and Backward classes) Regulation of Issue of Community certificates Act, 1993 (for short the Act ).
( 4 ) THE District Collector, West godavari, initiated proceedings against the 3rd respondent under the said Act. Through orders dated 20-9-2001, the District collector upheld the social status of the 3rd respondent. Thereupon, the petitioner carried the matter in appeal before the government of A. P. The appeal was allowed through orders dated 3-8-2002 and the same resulted in cancellation of the Caste certificate issued to the 3rd respondent. The 3rd respondent filed W. P. No. 14881/2002 challenging the order of the Government dated 3-8-2002. The writ petitioner has filed the present writ petition seeking a direction to respondent No. 2 to cancel the admission of the 3rd respondent in view of the orders of the Government and consequently admit the petitioner to the 1st year of MBBS course in the vacancy so caused.
( 5 ) COMMON arguments were addressed in both the writ petitions. Sri J. Sudheer, learned Counsel for the petitioner submits that in view of the cancellation of the Caste certificate of the 3rd respondent, the seat will become vacant and the petitioner is entitled to be considered against the same. To overcome the objection as to the completion of almost two academic years, the learned Counsel relies upon an unreported judgment of the Supreme Court in C. Tulasi priya v. A. P. State Council of Higher education rendered on 29-7-1 998. He submits that if a candidate is wrongfully denied admission, the time that is spent in securing appropriate relief cannot be a factor against him and necessary directions need to be issued to provide a seat to such candidate in the immediately succeeding academic year.
( 6 ) SRI D. Sudershana Reddy, the learned Counsel for the 3rd respondent had made several submissions in his challenge to the orders passed by the Government. In fact that is the main issue in W. P. No. 14881 of 2002.
( 7 ) THROUGH a separate judgment, w. P. No. 14881/2002 has been dismissed upholding the orders of the Government dated 3-8-2002, the effect of which is that the Caste Certificate issued to the 3rd respondent herein stands cancelled. It is not in dispute that the admission of the 3rd respondent into 1st year of MBBS course during the relevant academic year was only on the basis of the Caste Certificate issued to him. Once the Caste Certificate is cancelled, it is axiomatic that the admission secured by him on the basis of that certificate cannot be sustained. Therefore, the relief claimed by the petitioner herein for cancellation of the admission of the 3rd respondent deserves to be cancelled, as a consequence or logical extension of the orders of this Court in WP No. 14881/2002.
( 8 ) NOW remains the question as to whether the petitioner is entitled to be considered