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2022 Supreme(AP) 620

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Battu Devanand, J.
Ballipogu Sriramulu - Petitioner
Versus
The State of Andhra Pradesh - Respondent
Writ Petition No.5045 Of 2022
Decided On : 20-10-2022

Advocates Appeared:
For the Petitioner: Turaga Sai Surya.

Headnote:

Constitution of India, 1950 – Article 226 – Writ petition is filed under Article 226 of Constitution of India, claiming relief – Held, But, it appears that said request is not considered by second respondent and such condition is not included in APPGCET-2021 Notification – In absence of any restriction, seeking admission into more than one Post Graduate Course in subsequent academic years is not a bar as per Andhra Pradesh Post Graduate Common Entrance Test Admission Rules, 2021 and also as per General Instructions of APPGCET -2021 Notification - In court considered opinion, action of fourth respondent – University in rejecting admission of petitioners and not permitting petitioners to attend classes is illegal, arbitrary, unjust and violative of principles of natural justice – Writ petition allowed.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

    “To issue writ of Mandamus declaring the action of the respondents No 4 and 5 herein in passing the resolution dated 05.02.2021 and orally rejecting the admission of the petitioners into their respective courses and not permitting the petitioners herein to attend classes as illegal arbitrary and colorable exercise of power and consequently set aside the resolution dated 05.02.2022 of the 4th respondent herein and direct the respondents herein to admit the 1St petitioner herein into M.A Telugu course of the 4th respondent and 2nd petitioner herein into M.Com course of the 4th respondent herein as per the counselling of APPGCET-2021 and to permit the petitioners herein to attend classes.”

2. A counter affidavit has been filed by the fourth respondent – Rayalaseema University.

3. Heard Sri K. Chidambaram, learned Senior Counsel appearing for the learned counsel for the petitioners and Sri S. Appadhara Reddy, learned Standing Counsel for Respondent No.4 – Rayalaseema University and perused the record.

4. The case of the petitioners is that, the first petitioner studied Master of Arts (M.A) in Economics in the year 2017 and M.B.A (Finance) in the year 2019 in the fourth respondent - Rayalaseema University.

5. The second petitioner studied M.B.A (Finance) in the year 2020 in the fourth respondent - Rayalaseema University.

6. Both the petitioners belong to S.C Category. They appeared for APPGCET-2021 for admission into P.G. Courses. The first petitioner appeared for Common Entrance Test seeking admission into M.A Telugu course and the second petitioner into M.Com Course. They secured rank of 362 and 439 respectively.

7. During the online counselling, the first petitioner was allotted a seat in M.A. Telugu under OC-General-SVU Category in Rayalaseema University. He was directed to report at the allotted college along with the original certificates on or before 11.02.2022 and accordingly, he reported at the fourth respondent – University on 09.02.2022 and completed all reporting and joining formalities and he was admitted into the said course.

8. The second petitioner was allotted a seat in M.Com during the online counselling under OC-General-SVU Category in Rayalaseema University. He was directed to report at the allotted college along with the original certificates on or before 11.02.2022 and accordingly, he reported at the fourth respondent – University on 09.02.2022 and completed all reporting and joining formalities and he was admitted into the said course.

9. Learned counsel for the petitioners submits that, while things stood thus, to their utter surprise and dismay, they were called by the Registrar of the fourth respondent – University on 14.02.2022 and they were orally informed that, they are not being admitted into the said courses as stated supra and their admission into the said courses is being rejected and they would not be permitted to attend classes, as they had already completed P.G Courses earlier. Then, the petitioners requested the fourth respondent to issue appropriate written proceedings rejecting their admission. But, it was not furnished to the petitioner till date. Questioning the oral rejection of the petitioners admissions by the fourth respondent, after completion of the admission formalities, the petitioners are constrained to file this writ petition.

10. The petitioners also filed an application under Right to Information Act, seeking the proceedings and the reasons for refusal of admission vide application dated 16.02.2021. However, no material is made available to them till date. However, the petitioners were provided with a resolution of the 16th Executive Council of the fourth respondent University. The 16th Executive Council Meeting of the fourth respondent University passed a Resolution dated 05.02.2021 to allow second P.G. Course without fee reimbursement and accommodation in the hostels

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