1996 Supreme(AP) 1184
Andhra Pradesh High Court
Judges : P.S.MISHRA, V.RAJAGOPALA REDDY
V.Ramesh - Appellant
Versus
Convenor, EAMCET - 1995, Jawaharlal Nehru Technological University, Hyderabad - Respondent
W.A. No .1293/96
Decided On : 11-20-96
Advocates Appeared :
Mr. O. Manohar Reddy,Mr. R. Subhash Reddy
Headnote:CONSTITUTION OF INDIA Arts14 & 226 - Admission to Engineering College - Candidate holding NCC "C" Certificate" and securing rank in the entrance Examination of Engineering Course, denied seat for not being present at the time of interview for, granting admission -Nonappearance of candidate for interview on, account of non-communication of date caused due, to lapse of Telegraph department - University held responsible for non-communication of date of interview to candidate by postal department which is construed to be its agent - University as principal must take responsibility for lapse of its agent and has a duty to provide seat to the candidate before person ranking next to him - Order of learned Single Judge, set aside
( 2 ) THE above facts are not disputed in the counter-affidavit. It is, however, stated that the candidates belonging to N. C. C. category and physically handicapped were sent communication letters, followed by telegrams, requiring them to appear on 15-10-1995. Since the petitioner-appellant failed to appear on the said date, other candidates who attended the interview were considered and were granted admission. Thus, all the seats reserved for N. C. C. category have been filled. Since, however, petitioner-appellant also made a request for allotment of a payment seat, he was called for interview on 2-11-1995 and offered a payment seat available on that date. On verification and as stated in the counter-affidavit, however, there is no material to know as to whether any call letter was ever sent to the petitioner-appellant. Telegram, however, was given to him on 12-10-1995. It has transpired the same has not been delivered to him and as per the affidavit and information furnished on behalf of the respondent, the telegraph department has informed that the same could not be served upon the petitioner-appellant for the reason of service error. Learned single Judge, how ever, has taken the view that since intimation was sent by the authorities to the petitioner-appellant because the telegraph department failed to serve the same, the respondent cannot be held responsible. Since facts are not in dispute, it is required to be examined whether non-service of any intimation upon the petitioner-appellant has resumed in denial of any right to him and whether the respondent, for the said lapse, can be held responsible. We could have chosen this case as one to advert to certain questions as to the accountability of the respondent for not securing the service of the intimation issued by it for the appearance of the petitioner-appellant for interview on 15-10-1995, had our attention been not drawn to a learned judgment of a Full Bench of the Madras Court in the case of Vinothkumar R. v. Secretary, Selection Committee, Sabarmathi Hostel, K. M. C. , 1995 (1) Mad LW 351. Madras Court Full Bench decision has resolved a controversy and the conflict which existed between two Division Bench judgments of the Court i. e. , R. Maheswari v. Secretary, Selection Committee, 1995 (1) Mad LW 348 : (AIR 1995 Madras 168) and Anil Latha Gold v. Govt. of Tam