N. v. S. Mohan Naidu VS Registrar, Acharya N,g. Ranga Agricultural University, Rajendranagar
2000-07-04
A.GOPAL REDDY
body2000
DigiLaw.ai
A. GOPAL REDDY, J. ( 1 ) THE grievance of the petitioner, who appeared for the EAMCET for the academic year 1999-2000 secured rank 2089, and belongs to Backward Class Group "d" "koppalavelama" caste and permanent resident of Vizianagaram District, which is coming within the Andhra University area, is that though he submitted an application to the respondent-University for the admission in the courses of Bachelor of veterinary Sciences and B. Sc. , (Agriculture)by enclosing all certified copies including residential certificate issued by the Mandal Revenue Officer on 23-9-1999, the petitioner was called for counselling under non-local category. It is stated that the petitioner has shown all the certificates including the local candidate certificate to the respondent at the time of counselling of B. V. Sc. course. When the petitioner was called for counselling on 22-12-1999 under non-local category, he brought to the notice of the respondent, who orally admitted the mistake. Due to consideration of petitioner s application for 15% of seats only in non-local category he is deprived of the seat and he is entitled to be considered under local category reserved upto 85% of the seats, under B. C. "d" category. The petitioner therefore approached this Court seeking Writ of mandamus to declare the action of the respondent in not allotting the seat in b. V. Sc. course under local category with b. C. "d" reservation as illegal and arbitrary and direct the respondent to allot one seat to the petitioner in B. V. Sc. course for the academic year 1999-2000. ( 2 ) THIS Court by order dated 4-1-2000 ordered notice before admission and directed the respondent-University to reserve one seat, ( 3 ) PURSUANT to the same, the respondent filed counter affidavit admitting that the petitioner applied for admission to undergraduate courses of B. V. Sc. and A. H. and B. Sc. (Agriculture)as per the prospectus of the application. The petitioner is supposed to submit the relevant certification. The petitioner is supposed to submit the relevant certificates along with the applications for admissions into various under-graduate courses in support of his claim under local area, social status etc. The petitioner has not submitted any residence certificate in support of his claim under local area of Andhra University along with the application in respect of his private study during the year 1991-1996.
The petitioner has not submitted any residence certificate in support of his claim under local area of Andhra University along with the application in respect of his private study during the year 1991-1996. As the petitioner failed to submit the said certificate, the petitioner was treated as nonlocal. It is also stated that the last date for submission of application was 19-7-1999 but the residential certificate issued by the mandal Revenue Officer is dated 23-9-1999. The said certificate was for the first time shown by the petitioner during the time of counselling on 22-12-1999. It is also stated that the claim of the petitioner with regard to local area, social status, fanners quota etc. were decided before commencement of counselling based on the certificates submitted along with application before the last date. However, it is stated in the counter-affidavit that the petitioner was offered a seat in non-local category in b. Sc. (Ag.), but the petitioner declined to join B. Sc. (Ag. ). It is also stated that his claim for B. C. "d" will be considered as he submitted the social status certificate along with his application. The said averments were not denied by the petitioner by filing any reply. ( 4 ) LEARNED Counsel for the petitioner argues that the petitioner has stated in the application that he belongs to Andhra university area and by treating his application under non-local category the respondent-University acted illegally and that the authority should have considered his case in the local category. It is further argued that even otherwise when he produced the certificate at the time of counselling his claim should have been considered for the seats earmarked for the local candidates, and non-consideration of the same amounts to depriving him the seat in B. V. Sc. course. ( 5 ) LEARNED Counsel for the respondent- university submits that immediately after counselling the candidates have paid fees and all the seats were filled up and if any seats are available according to University, the petitioner s case will be considered according to the status of B. C. "d". ( 6 ) IN view of the same, the respondent is hereby directed to consider the case of the petitioner in any of the courses he applied for under B. C. "d" category if any seats unfilled and vacant for the academic year 1999-2000, within a period of two weeks from today.
( 6 ) IN view of the same, the respondent is hereby directed to consider the case of the petitioner in any of the courses he applied for under B. C. "d" category if any seats unfilled and vacant for the academic year 1999-2000, within a period of two weeks from today. ( 7 ) WITH the above directions, the writ petition is disposed of at the admission stage.