MUDAVATHU NAGARAJU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking issuance of writ of mandamus declaring the Statute 13(3) framed under Rajiv Gandhi University of Knowledge Technologies Act, 2008 as illegal, arbitrary and unconstitutional as violative of Article 371D of the Constitution of India read with the provisions of A.P. Educational Institutions (Regulations of Admissions) Order 1974 and to strike down the same.

(2.) The case of the Petitioners which is set out in the affidavit filed in support of the writ petition is like this:

(3.) The Statute 13(3) framed under Rajive Gandhi University of Knowledge Technologies Act, 2008 provided reservation policy for admission into six years course of Engineering provided at Idupulapaya, Kadapa District, Nuzividu, Kishna District and Basara in Adilabad District. Under the statute, the rural unit of mandal is considered as the local unit for reservation in respect of a local candidate. The second Petitioner has passed SSC with 503 marks out of 600 in Gampalagudem Zilla Parishad High School, Gampalagudem Mandal, Krishna District and he was one of the candidates, who appeared for the counseling. His grievance is that on account of the misapplication of local area reservation policy by considering local mandal as local unit in the counseling held on 9th and 10th July, 2010, the candidates of the same local area, who have secured lesser marks than the second Petitioner, were provided admission and the second Petitioner was denied the admission on erroneous consideration of rural mandal as unit for reservation in relation to a local candidate. The Petitioners contend that the aforesaid policy is contrary to GSR 602(e) dated 27.08.2009 and they questioned in the present writ petition, the vires of the Statute 13(3) as violative of Article 371D of the Constitution of India.