The alteration of the rule of admission after the entrance examination was illegal and the admissions made on the basis of the altered rule were discriminatory and arbitrary.

RAMACHANDRA RAO, J. :- These three writ appeals are preferred against the order of our learned brother, Chennakesav Reddy, J., dismissing the three writ petitions viz. 2727/82, 3159/82 and 4427/82 filed by the appellants herein seeking the issue of a writ of mandamus directing the respondents to admit them in M.A. English course in the University College of Kakatiya University, Vidyaranyapuri, Warangal, for the academic year 1981-82.

2. The relevant facts are as follows: The notification dated 25-7-1981 of the Principal, University College, Kakatiya University, Warangal, called for applications for the Entrance Examination for admission to M.A., M. Sc., M. Com. courses for the academic year 1981-82. In the application forms, the eligibility rules for admission to M.A./Telugu English, course provide as follows :-

"Must have secured 40% marks in the concerned subject (language) under Part II or 50% marks under Part I. B.O.L. degree-holders having passed B.A., General English are also eligible for M.A. in that language which they have offered at the B.O.L. examination."

3. In these writ appeals, we are concerned only with the admission into postgraduate course in M.A. English. In the general instructions attached to the application form, Instruction No.(1) reads as follows:

"Admission for the post-graduate courses will be made in order of merit by giving equal weightage to marks secured in the Entrance Examination and the aggregate marks secured in the whole of Part II of the qualifying examination (B. A./B. Sc./ B. Com. as the case may be)."

This Instruction was based upon the proceedings of the University Syndicate at its meeting held on 23rd July, 1977 and the said rule of admission is being observed for admission to the M.A., M. Sc. and M. Corn. postgraduate courses. Pursuant to the said notification, an entrance examination was held on 11-9-1981. A merit list of the M.A. English entrance examination for 1981-82 of the candidates who appeared for the said examination was prepared. The petitioners (appellants in the three appeals) are ranked Nos.20, 37, 38, 40 and 57. Subsequently, on a note submitted, by the Dean of Faculty of Arts seeking some clarification with regard to the procedure to be followed for admission to M.A. Telugu and English courses, the. Academic Council at its meeting held on 7-11-1981, resolved to lay down the following order of preference for admission into M.A. English and Telugu through an Entrance Examination with effect from the academic year 1981-82.

"For M.A. English

(1) Students with modern language at B.A. level.

(2) Students with General English under Part I of B.A./B. Sc./B. Com."

Pursuant to this amended Rule giving preference for admission to M.A. English and Telugu for students with Modern language at B.A. level and students of General English under Part I of B.A./B. Sc./B- Com., a list of candidates admitted to M.A. English for the academic year 1981-82 was prepared containing the names of 36 candidates out of which candidates 1 to 18 were admitted to the general seats, while candidates 19 to 36 were admitted to reserved seatls for Backward Classes and other categories. It appears that, in the General category, there are only 18 seals but not all the candidates who obtained the ranks of 1 to 18 at the Entrance test were admitted, but candidate who obtained ranks for below the rank of 18 are admitted. Only candidates who obtained rank Nos.1, 2, 3 and 16 were admitted in the general category. Further the candidates who have obtained rank Nos.24, 25, 27, 32, 36, 41, 51, 54, 64, 68, 86, 92, 102, 103 who are far below the rank of 18 have been admitted to the 18 seats in the general category.

4. While so, some of the candidates who secured rank Nos.5, 7, 8, 9, 10, 11 and 19 filed Writ Petitions Nos.1963/82, 9714/81, 9733/81 and 1983/82 in this Court seeking writs of mandamus directing the respondents to admit them to the M.A. degree course in English in the University College of Kakatiya Universit