COMMON ORDER:-

1. This batch of Writ Petitions raises common questions of fact and law. They are, therefore, heard and being disposed of together.

2. The petitioners in Writ Petition Nos.5925, 5276, 4919, 5911, 6304 and 6516 of 2010 are B.Tech students, who were admitted during the academic year 2009-10 under Category-B seats by the respective private colleges, impleaded as respondents in these Writ Petitions (for convenience they are referred to as “the Colleges”). Their admissions are governed by the Andhra Pradesh Un-Aided Non-Minority Professional Institutions (Regulation of Admissions into Under-graduate Professional Courses through Common Entrance Test) Rules, 2006 (for short “the B.Tech Admission Rules”), as amended by G.O.Ms.No.175, Higher Education (EC.2) Department, dated 19-8-2008.

3. The petitioners in rest of the Writ Petitions are MBA students, who were also admitted during the academic year 2009-10 under Category-B seats by “the Colleges”. Their admissions are governed by the Andhra Pradesh Regulation of Admissions into MBA/MCA Professional Courses through Common Entrance Test Rules, 2006 (for short “the MBA Admission Rules”).

4. Under both the Rules, 20% of the seats allotted to private colleges are allowed to be filled up with NRI candidates, through Management quota. However, if vacant seats exist, they may be filled up with any candidate securing not less than the prescribed aggregate marks. It is not in dispute that in respect of admissions governing both the courses, the prescribed minimum marks for admission are 50% aggregate or 50% in group subjects in the qualifying examinations. It is an admitted fact that except in the case of the petitioner in Writ Petition No.3907 of 2010, the petitioners in other cases do not satisfy the said requirement of having minimum aggregate of 50% marks or 50% in group subjects. (There is a dispute on this aspect in Writ Petition No.3907 of 2010, which will be adverted to later). Notwithstanding the above fact, the Colleges have admitted the petitioners in their respective courses of either B.Tech or MBA. When the A.P. State Council of Higher Education-respondent No.2 (hereinafter referred to as “the respondent”, for convenience) refused to approve the admissions of the petitioners on the ground that they are not having the minimum marks in the qualifying examinations, the petitioners approached this Court by way of the present Writ Petitions.

5. At the hearing, Sri Andapalli Sanjeev Kumar, learned counsel for the petitioners in some of the Writ Petitions, submitted that the petitioners are not at fault as they are not aware of the minimum marks required to be possessed for the purpose of their admission into the professional courses; and that the Colleges are to blame for admitting the petitioners without disclosing the said fact. The learned counsel placed reliance on the admissions made by the respondent in paragraph 7 of the counter-affidavit, wherein it is stated that during the years 2006-07 the State Government has exempted the students, similarly placed to the petitioners, from possessing minimum qualifying marks on levy of penalty of Rs.13,000/- per student and that the petitioners are entitled to a similar treatment. The learned counsel also relied on the Division Bench Judgment of this Court in Reemaan College of Education Vs. Government of Andhra Pradesh 2008 (5) ALT 338 and contended that the petitioners are entitled to a similar relief as was granted in the said case.

6. Sri N.Ashok Kumar, learned counsel appearing for the petitioner in Writ Petition No.3907 of 2010 submitted that under the MBA Admission Rules a candidate requires to have either 50% of aggregate marks or 50% marks in group subjects in the qualifying examination; that the petitioner in the said Writ Petition holds 52% marks in group subjects; and that, therefore, he is eligible to be admitted in the MBA course.

7. Opposing the above contentions, Sri C.Sudesh Anand, learned Standing