L. Parvathi v. Principal and Convenor SKUCET and LAWCET-2003, Sri Krishnadevaraya University College S. V. Puram, Ananthapur
2003-12-22
L.NARASIMHA REDDY
body2003
DigiLaw.ai
L. NARASIMHA REDDY, J. ( 1 ) THE petitioner appeared in the common entrance examination conducted for selection of candidates into under graduate Course in Law; LAWCET-2003 on 26-5-2003. She secured 82nd rank at state level and 17th rank in the university area level namely: S. V. University area. She intended to take admission in the University college of Law of Sri Krishnadevaraya university, the respondent herein. It is her claim that she did not receive any intimation of her having been selected or requiring her to pay the fee. It is her case that when she approached the respondent, she was informed that the selections have already been concluded and since she did not turn up, the seat was allotted to some other candidate. Petitioner complains that she was wrongfully denied admission though she secured fairly good rank and though she belongs to a reserved community. ( 2 ) IN the counter affidavit n: J by the respondent, the fact that the petitioner had secured the rank referred to above is not disputed. It is, however, stated that a call letter dated 16-8-2003 was dispatched to the petitioner under certificate of posting requiring her to atteriu ^ interview on 25-8-2003. They stated that since the petitioner did not appear during the counseling, she was not selected and admitted, and consequently another suitable candidate was selected. It is further stated that the classes of the course have already been commenced and it is not possible to admit the petitioner at this stage. ( 3 ) HEARD the learned counsel for the petitioner and learned standing counsel for the respondent. ( 4 ) THE petitioner was not admitted into the I year of three years law course on the ground that she did not attend the counseling on 25-8-2003. The respondent did not dispute the fact that she was entitled to be admitted on the basis of the rank secured by her. This court would have accepted the plea of the respondent had it been a case where they have ensured proper service of the letter and intimation to the petitioner and even after receipt of the intimation, she did not choose to participate in the counseling. It is stated that the letter of intimation was dispatched to the petitioner under certificate of posting.
It is stated that the letter of intimation was dispatched to the petitioner under certificate of posting. Dispatch of a notice or letter of intimation by itself does not absolve the respondent from their liability to intimate the candidate. The respondent could have dispatched the notice through registered post with acknowledgment due, if necessary by collecting the postal charges from the candidates themselves. Valuable right that accrues to candidates on account of the rank secured by them, cannot be defeated on account of a casual approach in the matter of sending intimation. ( 5 ) A Division Bench of this Court took such a view in V, Ramesh v. Convenor, eamcet-1995, Jawaharlal Nehru technological University, Hyderabad*. ( 6 ) FROM the facts referred to above, it emerges that the petitioner is entitled to be admitted into the course. Ordinarily, where the admissions are closed, the necessity to direct the certain of supernumerary seat would have arisen. However, it is represented that a vacancy in the I year course had arisen on account of one of the admitted candidates leaving the course. Any direction to admit the petitioner herein would not either result in displacement of another candidate or creation of supernumerary seat. ( 7 ) SO far as the commencement of classes is concerned, the petitioner cannot be penalized for the fault on the part of the respondent. It is not as if the course is of a short duration and it has reached the stage of no return. The course is spread over three years. If the petitioner has lost one semester, she can be permitted to complete the same in accordance with the relevant rules and regulations of the university at proper stage. ( 8 ) THE writ petition is accordingly allowed directing the respondent to admit the petitioner into the I year of the three years l. L. B. course forthwith in the vacant seat and permit her to pursue the course in accordance with the relevant syllabus and regulations.