T SHARADA Vs. PRINCIPAL VISWESWARIAH COLLEGE OF ENGG

JUDGEMENT

(1.) At the end of the 4th Semester, the petitioner, respondents 3 and 4 and several others sought for a change from Electrical Engineering to Electronics for which there appears to be keen competition. On the basis of merit and reservations generally made to Backward Classes, Scheduled Castes and Scheduled Tribes in Educational Institutions, the University authorities have permitted respondents 3, 4 and 5 others and have denied the demand of the petitioner for a seat in Electronics for which reason she has moved this Court for a Writ of Mandamus to respondents 1 and 2 to admit her to the 5th Semester in Electronics either in addition or in supersession of respondents 3 and 4.

(2.) In the original and the additional statement of objections filed, respondents 1 and 2 have pleaded that transfers to the subject of Electronics have been permitted on the basis of meril and reservation to Backward Classes and that in effecting transfers' they have adopted a fair practise and procedure and that respondent 4 is more meritorious than the petitioner and that the transfer,- of respondent 3 who is a member of a Backward Class, though he has secured lesser marks than the petitioner is justified.

(3.) In the merit list of students based on their performance at the 1st, 2nd, 3rd and 4th Semesters, respondent 4 has secured higher marks than the petitioner and he occupies Rank 7 while the petitioner occupies Rank 8. As it is now found that Respondent 4 is more meritorious than the petitioner, her claim against him is factually unfounded and is therefore liable to be rejected. I, therefore, reject the claim of the petitioner against respondent 4,