ORDER 1. The petitioners are the students of Intermediate Course. The admission into professional courses, like Engineering, Medicine, B. Pharmacy, is on the basis of Common Entrance Examination, conducted by the State. The Government in Higher Education Department issued G.O. Ms. No. 73, Higher Education (EC.2) Department, dated 28.7.2011, prescribing the Rules to be followed in the matter of conducting the entrance examination, and matters relating thereto. The rules inter alia stipulate the procedure for determining the merit list and assignment of ranks. Rule 4(7) stipulates the qualifying marks in the entrance examination, as 25%. Rule 5(1) directs that a candidate shall be assigned rank on the basis of a combined score obtained by giving 75% weightage to the marks secured in the entrance examination and 25% weightage to the marks secured in the relevant group subjects in the qualifying examination. The petitioners contend that once the rank is to be assigned on the basis of the weightage to the marks in the entrance examination and qualifying examination, there is no basis for prescribing the minimum marks in the entrance examination. 2. The Jawaharlal Nehru Technological University, which is entrusted with the duty to conduct entrance examination, issued booklet, containing instructions for the entrance examination, to be conducted for this year. Clause X thereof stipulates that the qualifying percentage of marks in the entrance test is 25%. It is also clarified that one must secure 40, out of 160 marks. Relaxation is provided in favour of Scheduled Castes and Scheduled Tribes. The petitioners challenge the said condition. 3. Heard Sri S. Satyam Reddy, learned Senior Counsel for the petitioners, learned Standing Counsel for the Jawaharlal Nehru Technological University, the 2nd respondent herein, and learned Standing Counsel for A.P. State Council of Higher Education, the 3rd respondent. 4. Stipulation of minimum marks in any examination is almost a rule. The very purpose of conducting the entrance examination is to test the knowledge and proficiency of a candidate, vis-a-vis the concerned course. Except that the percentage may vary, the minimum is stipulated almost for every examination. The petitioners do not dispute that even in the qualifying examination they would be declared pass, if only they secure marks, over and above the stipulated minimum. They did not express any reservations about it. The marks secured in the qualifying examination account for 25% in determination of rank.
The petitioners do not dispute that even in the qualifying examination they would be declared pass, if only they secure marks, over and above the stipulated minimum. They did not express any reservations about it. The marks secured in the qualifying examination account for 25% in determination of rank. The performance in the entrance examination accounts for 75%. When the petitioners do not have any grievance for stipulation of minimum marks in the qualifying examination, which just accounts for 25% for determination of rank; it is understandable as to how they have any genuine grievance when the minimum stipulation is made for the entrance examination. 5. The matter can be viewed from another angle. Even if a candidate scores 90% marks in the entrance examination, he cannot be treated as qualified, unless he has passed in the qualifying examination. Similarly, even if he has secured fairly high marks in the qualifying examination, he cannot be considered for admission, unless he gets minimum marks in the entrance examination. The very purpose of conducting entrance examination is to ensure a balancing act, having regard to the lack of uniformity in determining the merit, on the basis of the performance in the qualifying examination. 6. The writ petition is devoid of merits and it is accordingly dismissed. The miscellaneous petition filed in the writ petition shall also stand disposed of. 7. There shall be no order as to costs.