G. Pavana Murthy v. Vice-Chancellor, Osmania University, Hyderabad
2003-07-21
GHULAM MOHAMMED
body2003
DigiLaw.ai
GHULAM MOHAMMED, J. ( 1 ) THIS writ petition is filed for a writ of mandamus to stay the finalization list of Centralized admission to l. L. M. Course in Osmaina University college for the academic year of 2003-2004 as the rank holders of 122 and above were allotted seats denying her legitimate right due to non-production of T. C against the women SC quota which is arbitrary and illegal. ( 2 ) IT is the case of the petitioner that he appeared for the LL. M entrance exam for the year 2003-2004 and got the rank against the Hall Ticket No. 9030263 conducted by the Osmania University, Hyderabad. The counselling was fixed on 13. 7. 2003 between 8. 30 to 11. 00 a. m. for the rank holders 1 to 250 and the petitioner attended counselling on 13. 7. 2003, but the committee setting and verifying the documents refused to allow him to allot the seats as per merit list due to non-submission of transfer certificate. It is case of the petitioner that he could not produce the transfer certificate of LL. B. course from Sultan-Ul-Uloom, Law College, banjara Hills, as the conselling happened to be on Sunday. The authorities did not allow him to participate in the counselling and, therefore, he is before this Court. ( 3 ) A counter-affidavit is filed wherein it is stated that Directorate of Admissions, osmania University issued clear instructions in the form of general instructions, which are printed in LL. M. application notifying the students that the students shall have to submit the transfer certificate and the said instructions are in the form of regulations and these regulations are framed exercising the power under Section 55 of A. P. Universities Act, 1991. It is further stated that in the instant case, it was made clear in the instructions to the candidates for centralized admission to LL. M. Course in osmania University for the academic year 2003-2004 that the candidate shall have to produce the transfer certificate from the institution where the candidate last studied and it was further made clear that no candidate will be admitted without submission of the original transfer certificate or proof of admission of the candidate pursuing the course at the time of counselling.
It is further stated that the production of transfer certificate is mandatory and it is a rule having statutory force and it is only in case of candidate where the candidate is pursuing a course as on the date of the admission, a relaxation of seven days is giving. It is stated by the respondents that the above rule is strictly adhered to by the university as the admission of students cannot wait taking into consideration the administrative convenience and the academic interest of the students. It is stated in the counter that the notification was issued on 29. 4. 2003 and the date of commencement of selling and acceptance of the applications also started from that date and the counselling was held on 13. 7. 2003 i. e. , after about three months from the date of notification. Therefore, the date i. e. , 21. 7. 2003, is not the last date of joining but it the date fixed as per the University almanac for commencement of LL. M Classes and accordingly prayed for dismissal of the writ petition. ( 4 ) HAVING heard the learned Counsel and after perusing the affidavit and the counter filed, I am of the considered view that the candidate being bound by the regulations of the University, are required to submit the required certificate at the time for counselling and it is because of non- production of the transfer certificate by the petitioner, the respondents are considering the next meritorious candidate in the counsellling, which is an on going process and does not amount to violation of the regulation. Therefore, I see no ground to entertain the writ petition. ( 5 ) THE writ petition is accordingly dismissed. It is always open for the respondents to consider the case of the petitioner if there are any dropouts or in the future counselling on production of required certificates. No costs.