ORDER :

This batch of writ petitions is a sequel to W.P.No.20052 of 2020 and batch. The earlier batch of writ petitions were filed challenging the press release dated 20.10.2020 issued by the Secretary, Board of Intermediate Education, Andhra Pradesh (for short, ‘the BIE’) introducing online mode of admission into two year intermediate courses in general and vocational streams in various colleges for the academic session 2020-21. Those batch of writ petitions mainly targeted the manner in which the new method of admission into intermediate courses was introduced by way of sheer press release. It was inter alia contended in that batch that the new method was introduced hurriedly by issuing urgent press note stating the process of admission would commence from 21.10.2020 and conclude on 29.10.2020 without explaining the reasons for issuing such a hurried press note instead of State Government introducing its intention by way of a policy through a legislation or in the form of proper regulations or guidelines after consulting all stakeholders. It was also contended that the lopsided new method of admissions, curtailed the inherent right of the students to choose the college of their choice to study intermediate and also the right to admission of educational institutions. It was also contended, in the proposed method of admission into intermediate colleges there was no possibility of evaluating comparative merit of the students because due to the prevalence of COVID-19 pandemic, all the students in the 10th class, were declared as passed by virtue of G.O.Ms.No.34, dated 14.07.2020. Therefore, for allotment of students to different colleges, there is no logical basis.

2. Per contra, learned Additional Advocate General contended, to prevent illegal practices like collection of capitation fee etc. by certain institutions the online system was introduced in the public interest. Wide publicity was also given before introduction of new method. Further multiple options were given to students to choose colleges of their interest by applying through online method.

3. Hearing both sides, this Court in the earlier batch of writ petitions agreed with the argument of petitioners and allowed the batch of writ petitions with the following direction:

“For this academic year, it is directed that existing system of admission should be followed. It is left open to the State to frame clear/appropriate rules and regulations and thereafter introduce online method of admission, if it so desires, from the next academic year. Wide publicity and adequate advance notice must also be given for the same before it is introduced. The effort made by the State for the degree courses is supported by a G.O. with rules/regulations. Follow up action like helpline access; online admission committees etc., are formed in all the districts etc., such action is not there in the present case.”

4. While so, the admissions into intermediate studies for the academic year 2021-22 is concerned, the BIE, pursuant to the A.P. Government’s Memo No.1477968/1E-A2/2021-1 dated 10.08.2021 ratifying the BIE’s draft Notification and instructing it to take further action, issued the Notification for online admissions 2021-22 in respect of two year intermediate course in general and vocational streams through online mode in the Government/private aided/private unaided/cooperative, incentive junior colleges and composite degree colleges in the State.

(a) The Notification inter alia reads that the admission into two year intermediate courses will be taken up through online mode, for which the eligibility criteria is to pass 10th class examination (SSC) conducted by the Board of Secondary Education, A.P. or equivalent examination, and the order of the merit of the candidates shall be on the basis of grade/marks secured in each subject in the qualifying examination. A flow chart is provided in the notification for the candidates to follow online admission process. The notification was issued by th