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2001 Supreme(AP) 12

Andhra Pradesh High Court
Judges : ELIPE DHARMA RAO
Yarlagadda Radha - Appellant
Versus
DDIRECTOR, P.G.R.R., CENTRE FOR DISTANCE EDUCATION, OSMANIA UNIVERSITY, HYDERABAD - Respondent
Decided On : 01-17-01

Headnote:

Education – Admission - Petitioners in both writ petitions are students of Centre for Distant education - petitioner in Writ Petition after going through eligibility test conducted by first respondent got admission in. Political Science with telugu Medium with for academic and she that passed Previous examination conducted in and she paid examination fee to appear for final examination and she could not appear for reasons not mentioned in affidavit - Now she intends to appear for Final Year Examination which is going to be conducted in and when she offered to pay examination fee respondent rejected on ground that there is change in mode of Examination System and new Rules called as Special Examination rules were framed by virtue of which she is not entitled to appear for A Final examination which are going to be conducted in on ground that she did not pass one subject in final year. Held therefore it cannot be said that prescription of condition that candidates should pass one subject each in previous and final year to appear for annual examination it cannot be said to be arbitrary or illegal and detrimental to interests of petitioners - Out of three petitioners two petitioners have not made any attempt to sit for Final Examination even though four opportunities were given to petitioners by University - Therefore they have no right to challenge correctness or legality of Special Examination Rules framed by University to facilitate those candidates to obtain Post Graduate degree those who have passed one subject each in previous and final year. Therefore I see no reason to interfere with matter writ petitions - Accordingly Dismissed.

ELIPE DHARMA RAO, J.

( 1 ) THESE two writ petitions can be disposed of by this common judgment as the issue involved in both the writ petitions is one arid the same.

( 2 ) THE petitioners in both the writ petitions are students of Centre for Distant education, Osmania University, hyderabad. The petitioner in Writ Petition no. 23962 of 2000 Smt. Yarlagadda Radha, after going through the eligibility test conducted by the first respondent got admission in M. A. , Political Science with telugu Medium with Roll No. 94-96-9299 for the academic year 1995-96 and 1996-97 and she that passed M. A. Previous examination conducted in December, 1999 and she paid examination fee to appear for final year examination and she could not appear for the reasons not mentioned in the affidavit. Now she intends to appear for m. A. Final Year Examination, which is going to be conducted in the month of december, 2000 and when she offered to pay examination fee, the respondent rejected on the ground that there is change in the mode of Examination System and new Rules called as Special Examination rules were framed by virtue of which she is not entitled to appear for the M. A. Final examination which are going to be conducted in 2000-2001 on the ground that she did not pass one subject in final year.

( 3 ) THE same is the case with the writ petitioner in Writ petition No. 24399 of 2000. The first petitioner Yarlagadda pullaiah got admission into two years M. A. , post-Graduate course in the year 1994-1995 and 1996-97 and passed M. A. , Previous in three subjects in 1999 and that the second petitioner also got admission and he passed his first year M. A. , Previous Examination in december, 1999 and that he paid examination fee for final year during 1997-98. It is stated that all the petitioners approached the respondents to pay the examination fee, the last date being 11-12-2000, and to appear for the final year m. A. , examination, which is going to be conducted in December, 2000, but the respondents did not accepted the fee offered by the petitioners on the ground that the course in which the petitioners have joined is stopped from the year 1997 onwards and presently the examinations are conducted under modified Rules which are called as Special Examination Rules and the eligibility to appear under the new pattern is that the candidate has to pass one subject in previous and atleast one subject in the final and since the petitioners did not pass one subject in the final year, therefore, they are not eligible to appear for the examination conducted in December, 2000-2001 under the Special Examination rules. It is this action of the respondents, which is impugned in these writ petitions.

( 4 ) IT is stated by the petitioners that the osmania University under the Scheme of distant Education started Post-Graduate courses in M. A. , M. Com. , without having any basic qualification, but the candidates shall have to undergo and qualify the eligibility test prescribed by the respondents to get admission into the courses. The respondents have not prescribed the duration to pass M. A. , and m. Com. , two years course in a particular period. As per the notification of the respondents, the petitioners have appeared for the eligibility test and after they were declared as eligible, got admission into m. A. , Previous and accordingly they have appeared for the M. A. , Previous examination and passed the said examination. Except petitioner No. 1 in Writ petition No. 24399/2000. According to them, though some of the petitioners have paid M. A. , examination fee for final year, they have not appeared. Now when the respondents are conducting final year examination in December 2000-2001, the petitioners intend to appear, but they were denied the opportunity to appear in the examination on the ground that the university has prepared Special examination Rules. It is further stated that under Rule 2 of the said Rules, the candidates who have passed in atleast one subject in p










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