P. KOMALIKA, REPRESENTED BY MOTHER AND NATURAL GUARDIAN P. LAKSHMI PRIYANKA Vs. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY

JUDGEMENT

(1.) This writ petition is filed, by one P. Komalika through her mother and natural guardian, namely Smt. P. Lakshmi Pryanka, seeking to direct the respondents to receive the application and examination fee of daughter of the petitioner and process the same for the purpose of permitting her for writing her II year intermediate examination for the academic year 2019-2020 in the State of Andhra Pradesh.

(2.) The daughter of the petitioner completed her I year intermediate course in the State of Telangana and her husband is a practicing advocate in the High Court of Andhra Pradesh. The High Court of Andhra Pradesh was shifted to Vijayawada from Hyderabad from 01-01-2019 and as such, husband of the petitioner has to shift his residerce to Mangalagiri. As her daughter after completion of her I year intermediate has to pursue her II year intermediate in Andhra Pradesh, she joined in Vijaya Jyothi Junior College, Mangalagiri, and is pursuing her II year intermediate. On 22-10-2019 when the college sent the application and exam fee and all the certificates to the Board of Intermediate Education for filling the forms for writing II year intermediate exam, respondent No. 2-Board has not taken the application and returned it saying that the application cannot be completed as there was no provision for continuing the daughter of the petitioner in pursuing her intermediate II year after completing her I year intermediate in Telangana State and the daughter of the petitioner is not permitted to take her II year exams, thereby she would lose her valuable academic year. A representation was made by husband of the petitioner to respondent No. 2 on 26-04-2019 to accord permission to her daughter to pursue her II year intermediate in Andhra Pradesh but no reply is issued by the authorities. Hence, the writ petition.

(3.) Respondent No. 2 filed counter contending that the writ petition was filed by daughter of the petitioner and she obtained a direction from the Court to receive the application of her daughter along with examination fee for II year intermediate examination for the academic year 2019-2020, against which an appeal was preferred which is allowed setting aside the order passed by learned single judge in W.P. No. 16803 of 2019 and the matter is remanded back. After receiving orders of the Court in W.P. No. 16803 of 2019, respondent No. 2 asked Vijaya Jyothi Junior College, Mangalagiri, to submit details of admission of daughter of the petitioner. The said college replied that it has not given admission. As daughter of the petitioner is not pursuing II year intermediate course in the State of Andhra Pradesh, her request for receiving examination fee for II year course cannot be accepted. According to Regulation No. 16 of Intermediate Board Academic Regulations, in case of those students who are re-admitted drectly into II year by virtue of their eligibility, such students shall have to take I year intermediate public examination along with II year intermediate public examination with the syllabus and text books prescribed by the Board of Intermediate Education, Andhra Pradesh. On specific requests from the employees of Secretariat and from Telangana Board of Intermediate, Andhra Pradesh Intermediate Board has, by its proceedings dated 03-05-2016 and 18-05-2017, permitted the students, whose parents came over to the State of Andhra Pradesh on bifurcation of the State, who have passed intermediate I year course in the combined State of Andhra Pradesh to join into I year intermediate course in the State of Andhra Pradesh relaxing the above regulation only for the academic years 2016-17 and 2017-18. When husband of the petitioner made a representation to extend the same benefit to his daughter, it is informed that in view of the charged curriculum, respondent No. 2 cannot extend the said benefit to any student. The textbooks of language of I year intermediate course for the academic year 2018-19 have been completely changed and few topics are added in group subjects. In view of that, respondent No. 2 has issued instructions vide proceedings in Rc. No. 109/E3/2019-2020 dated 13-05-2019 to all educational institutions, which are offering two year intermediate course, that students who have passed intermediate I year course in the State of Telangana are not eligible to take admission into II year intermediate course in the State of Andhra Pradesh and that they have to join in I year intermediate course in case they decide to pursue intermediate course in the State of A.P.