Back
2018 Supreme(AP) 221
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
V. RAMASUBRAMANIAN, T. AMARNATH GOUD, JJ.
Ms. S. Satya Manisha D/o S. Satyanarayana – Petitioner
Versus
Dr. N.T.R. University of Health Sciences, Rep. by its Vice Chancellor – Respondent
Writ Petition No. 6073 of 2018
Decided On : 09-04-2018
For the Petitioner: Mr. B.S. Kartik
For the Respondent: Mr. Taddi Nageswara Rao.
Headnote:Education law – admission – Constitution of India Article 226 to 27 – petitioner is an MBBS student challenging cancellation of her admission – petitioner studied class 10th at St. Joseph covenant school at Kakinada and class 12th at Vijayawada – She appeared for EAMCET 2015 and secured a score of 80.8015 at the rank of 3896, the petitioner belongs to BC-D community– During counselling she was allotted third respondent College – University sent a communication to the DEO of Kurnool to verify as to whether the petitioner studied in Good Shepherd School Nandyal from class 6th class 9th during Academic year 2006 to 2010 – the clarification was required as to the certificate provided by the petitioner was bogus and his admission was based on the same certificate – Good Shepherd School Nandyal confirmed that there was no such student in the name of the petitioner, DEO submitted the report stating the certificate is not genuine – on the basis of the report why is chancellor suspended the students admission and denied her to purse MBBS until further orders – writ petition was filed against suspension, Court allowed student to appear in the examinations –the reason for enquiry was first that the student claimed local status of Andhra University area secondly the certificate issued indicates a local area status of Shri Venkateswara University, the court concluded that the petitioner shall be allowed to give examinations until further orders – a police complaint was also lodged against the petitioner but there has been no criminal proceedings initiated as yet , the University has not put petitioner on notice since the student was on suspension for 10 months – hence the writ petition is filed as the petitioner is not being allowed to pursue the course –the registrar of the university passed the final order cancelling the admission of the petitioner – petitioner filed second petition challenging the order of the registrar– Writ petition is allowed impugned order is set aside and and the matter was remanded back, directing the petitioner to be given reasonable opportunity before passing of final order – a fresh enquiry was conducted concluding that the class 6th, 7th, 8th, 9th and 10th certificates for bogus, cancelling the admission of the petitioner again – third writ petition was filed against cancellation – the question before the court was whether the petitioner could have secured admission as a non-local candidates with a 15% quota in SVU area, the candidate belong to the BC-D community and was a non-local in the SUV area and secured a lower rank – the petitioner did not secure enough rank to get admission in the college– If somebody had secured secured admission to our educational course within quota despite not being in the category of reservations they have to forgo the same – the petitioner is not entitled to retain the benefits, the court has no alternative except to dismiss the petition.
V. RAMASUBRAMANIAN, J.
1. The petitioner has come up with the above writ petition challenging the cancellation of admission granted to her into MBBS Course during the Academic Year 2015-16.
2. Heard Mr. B.S. Kartik, learned counsel for the petitioner and Mr. Taddi Nageswara Rao, learned Standing Counsel appearing for the University.
3. The petitioner studied up to 10th standard in a school known as St. Josephs Convent School at Kakinada. She did her Intermediate (+2) at Vijayawada. After completion of Intermediate, the petitioner applied for EAMCET-2015 and she secured a score of 80.8015 with a rank of 3896. The petitioner belongs to the BC-D Community.
4. In the counselling held on 09.8.2015, the petitioner was allotted to the 3rd respondent- College for admission to the MBBS Course for the Academic Year 2015-16 and the petitioner joined the college on 14.9.2015.
5. In April 2016, the 2nd respondent-University sent a communication to the District Educational Officer, Kurnool, calling upon him to verify whether the petitioner studied in Good Shepherd EMH School, Nandyal, from 6th standard to 9th standard during the period 2006-2010. This clarification was sought on the basis that the place where the petitioner actually studied up to 10th standard viz. Kakinada came within the Andhra University Area and that she produced a bogus certificate as though she studied in Nandyal, Kurnool District coming within Sri Venkateswara University area and got admission to the 3rd respondent-College on the basis of the bogus Study Certificate.
6. In response to the letter dated 20.4.2016 issued by the Registrar of the University, the District Educational Officer instructed the Deputy Educational Officer, Nandyal, to make an enquiry and to submit a report. The Deputy Educational Officer, Nandyal, contacted Good Shepherd EMH School, Nandyal and verified the genuineness of the Study Certificate containing information as though the petitioner studied from 6th standard to 9th standard in Nandyal during the period 2006-2010. The school confirmed that the petitioner was not a student of that school. Therefore, the Deputy Educational Officer, Nandyal, submitted a report dated 14.6.2016, on the basis of which the District Educational Officer, Kurnool, wrote a letter dated 9.7.2016 to the 2nd respondent informing him that the Study Certificate was not genuine.
7. On the basis of the said communication dated 9.7.2016 of the District Educational Officer, Kurnool, the Vice Chancellor of the University passed an order dated 19.7.2016 placing the petitioner under suspension from pursuing the MBBS Course until further orders. The said order of suspension was challenged by the petitioner by way of a writ petition in W.P. No. 24644 of 2016. After ordering notice in the writ petition on 26.7.2016, this Court passed an interim order on 9.8.2016 permitting the petitioner to appear for the examination. The interim order passed by this Court was to the following effect:
“Pending the writ petition challenging an order of suspension passed against her, the petitioner has come up with these miscellaneous petitions seeking inter-alia, (1) suspension of the order of suspension (2) a direction to allow her to write the examinations scheduled to be held from 09.08.2016.
Heard Mr. B.S. Kartik, learned counsel for the petitioner and Mr. Taddi Nageswara Rao, learned counsel appearing for the 1st respondent.
The ground on which the petitioner, who was undergoing the 1st year MBBS course, has been placed under suspension was that though she actually belonged to Andhra University local area, she produced a fabricated study certificate, as though she belonged to Sree Venkateswara University local area and gained admission into the 1st year of MBBS Course. The conclusion that the petitioner fabricated a document with regard to her local area status and gained admission has been reached on the basis of the findings of a Committee constituted for verification of the original certificat
