ORDER :

Heard M/s. Lakshmi Kumaran Sridharan, learned counsel for the petitioner, learned Asst. Govt. Pleader for Higher Education, Smt. C. Vani Reddy, learned standing counsel appearing for 2nd respondent Smt. Pasham Sujatha, learned standing counsel appearing for 3rd respondent. Despite service of notice, there is no representation on behalf of respondent Nos.4 and 5. Perused the record.

2. This writ petition is filed to declare the action of respondent Nos.2 to 4 in rejecting/cancelling of admission of the petitioner into MBA Course for the Academic years 2022-23 and 2023-24 without providing any valid reason or speaking orders as illegal.

FACTS OF THE CASE:

3. The petitioner enrolled himself for in Bachelors in Commerce (B.Com) course, in Open and Distance Learning (for short "ODL") mode for the Academic Years 2019-20 to 2021-22, from 5th respondent University/Gandhi Institute of Technology and Management (for short, "GITAM") which is a deemed to be university under Section 3 of the University Grants Commission Act, 1956 ("UGC Act"). ID No. A19BC1535007 was assigned to him by 5th respondent. Centre for Distance Learning (CDL), GITAM, has been recognized by the Distance Education Bureau (for short, ‘DEB’), New Delhi, for Gandhinagar Campus, Rushikonda, Visakhapatnam, Andhra Pradesh. The Petitioner is a bona fide learner of B.Com degree in the said centre. He has rigorously followed all the courses modules appearing in and passing all the mandatory examinations held on various dates in September 2020 (1 Year), August 2021 (II Year), and June 2022 (Ill Year). Finally, he has obtained B.Com., Degree from Respondent No.5, in July 2022. He has secured First Class with CGPA of 7.92.

4. With an intention to pursue higher studies, he has appeared for the Telangana State Integrated Common Entrance Test, 2022 (for short ‘TSICET-2022’) conducted by Telangana State Council of Higher Education, Hyderabad (for short, ‘TSCHE’)/ Respondent No. 2, in July 2022 to get admission in Master's degree in Business Administration (MBA). He got 59010 rank. He was admitted into 4th respondent-College. The petitioner was declared eligible for admission in MBA Degree by 2nd respondent. Vide proceedings dated 13.10.2022, 2nd respondent declared the petitioner as eligible for MBA Course.

5. According to the petitioner, since he was not allowed seat through the provisional allotment under TSICET-2022, on the basis of the eligibility declaration issued by 2nd respondent along with supporting documents, he has applied for MBA Course in 4th respondent – College in Management Quota. He has submitted all the required certificates with the 4th respondent – College. Thereafter, he was verbally informed by 4th respondent that he has received admission for the course and to make part payment towards the fee in order to attend classes and accordingly he has paid the fee. All of a sudden, he has received whatsapp message on 23.12.2022 from 4th respondent stating that his admission in MBA Course is rejected in High Education, Hyderabad. The reason for such rejection was mentioned as want of a bona fide study certificate from study centre.

6. Thus, according to him, his admission was cancelled by respondent Nos.2 and 4 without following due procedure laid down under law and it is in violation of Article 14 of the Constitution of India. According to him, he has completed B.Com, from 5th respondent – University through ODL and he is eligible to appear TSICET,22. Considering the said facts only, 4th respondent admitted the petitioner in MBA course and he has paid requisite fee. 2nd respondent cannot cancel the admission of the petitioner in MBA course unilaterally and the same is arbitrary and illegal. Last date for payment of examination fee is 28.02.2023. With the said submissions, he sought to declare the action of respondent Nos.2 to 4 in cancelling admission of the petitioner in MBA course as illegal.

7. On the other hand, 2nd respondent had filed counter contending