KUMARI K GAYATHRI Vs. CONVENOR EAMCET 2010

JUDGEMENT

(1.) The present writ petition highlights as to how distressful economic conditions of parents of otherwise meritorious students belonging to socially disadvantaged sections of society will come in their way for prosecuting prestigious professional courses like M.B.B.S.

(2.) The writ petitioner is a member belonging to the Scheduled Tribes. She has been maintaining a very high academic performance throughout. She has secured 529 out of 600 marks at her Secondary School Examination (X class) and 841 out of 1000 marks at the two year Intermediate Examination (10 + 2 course) conducted by the Board of Intermediate Education, Andhra Pradesh. Like many other aspirants, she also appeared EAMCET Examination 2010, which is the eligibility test for securing admission to the Medical stream of courses. She has secured an over all merit rank of 2944. When she participated in the second phase of counselling that took place on 22nd August 2010, she was allotted a seat under the Scheduled Tribe quota of the Convenor, by virtue of her merit ranking in the third respondent private unaided medical college. She has been granted 'provisional admission order' on 22nd August 2010. She is directed to report before the Principal of the college on or before 30th August 2010 along with provisional admission order. It was also specified in the provisional admission order that the candidates admitted in the government college shall pay the other fee, if any, as prescribed by the college and those admitted into private unaided non-minority medical colleges shall pay the fee as prescribed by the government. Further, importantly it has been noted therein as under:- The candidate who wishes to withdraw from the course may do so by submitting a written requisition along with the consent of parent on or before 5.00 p.m. on 31st August 2010 to the Registrar, Dr. NTR University of Health Sciences at Vijayawada.

(3.) The distressful economic status of the parents of the writ petitioner was such that they were not in a position to pay up Rs.20,000/- immediately. As a consequence, the writ petitioner could not deposit this money of Rs.20,000/-. An exemption has been granted in favour of the writ petitioner, as she is a meritorious Scheduled Tribe category candidate, to pay the fee of Rs.60,000/- per annum, as per the policy decision of the State Government. It appears the writ petitioner has solicited time till 31st August from the third respondent college to pool up Rs.20,000/- and pay it up, but the efforts made in that regard have been futile. The college appears to have informed the Registrar, Dr. NTR University of Health Sciences that the writ petitioner did not join the college before the deadline and consequently there was a vacancy in the 1st M.B.B.S. course in their college. Accordingly the Registrar, Dr. NTR University of Health Sciences has treated the same as a vacant seat and notified it in the third phase of counselling undertaken on 26/27 September 2010. The writ petitioner was not entertained for the admission process at this phase of counselling. The next most meritorious Scheduled Tribe category candidate with rank No.3413 Ms. R. Bhavana has been accordingly granted provisional admission in the third respondent college and that the learned standing counsel for the second respondent-University also informs that the said candidate has reported before the third respondent on 28th September 2010 and joined the said college as well.