REGISTRAR OSMANIA UNIVERSITY HYD Vs. D VINAY KUMAR

JUDGEMENT

(1.) This writ appeal is preferred against the order dated 8-9-2001 passed by a learned single Judge of this Court whereby and whereunder the learned Judge while disposing of the writ petition filed by the respondents herein observed: For all the aforesaid reasons, I am of the considered opinion that the University cannot cancel the provisional/notional admission of the students on the ground that they have not produced the transfer certificates and file the same before the authorities concerned immediately after completing their course of study of B.Ed. Facts :

(2.) The factual background which led to the filing of the writ petition and subsequently this appeal is that the respondents are prosecuting their sureties in B.Ed. Course and the course would be completed by 21-9-2001. It is their case that though the classes for the said course was to commence by August 2000, the same could not commence as scheduled, having regard to the challenge made by some of the aggrieved students against the decision of the Government classifying the scheduled cases into various groups by enacting A.P. Scheduled Caste (Rationalisation of Reservation) Act, 2000 and granting of an interim order by the Court not to finalise the admissions and not to commence the classes, and also delay on the part of the Government and NCTE to grant permission to grant newly established B.Ed. Colleges. While the matter stood at that, the appellants-University issued notification of conducting entrance test for admission to PG Courses for the academic year 2001-2002 in the month of April, 2001, pursuant to which the respondents herein appeared for the entrance examination conducted faculty-wise by the University and obtained ranks. At the time of Counselling, among other certificates, the candidates are also required to submit the rank card of PG Entrance Test 2001, Entrance Hall Ticket, Transfer Certificate from the institution where the candidate last studied, original certificate of qualifying degree examination and consolidated memorandum of marks (Part-I and Part-II) of the qualifying degree examination. The University has notified specifically that all those who are on rolls in any institution as regular students or those who are registered in any correspondence course if fail to produce the transfer certificate issued by such an institution, they will be considered for notional admission only on the production of the certificate from the concerned principal/head of institution/college to the effect that the candidates have produced all the original certificates and the same, including the transfer certificate, will be released to the candidate if he/she is selected to the admission to PG. Course. Admittedly, the respondents herein were admitted notionally to prosecute the PG Course on the basis of their merit and marks assigned to them in the entrance examination, on the basis of the bona fide certificates given by the college certifying that they are undergoing B.Ed Course during the academic year 2000-2001 and the course will come to an end on 21-9-2001. The University, however, insisted for production of the transfer certificates and accordingly obtained an undertaking from the respondents herein that the said certificates would be produced on or before 14-7-2001. Questioning the said action of the University the respondents herein have preferred the writ petition apprehending that the University may cancel their provisional admissions made into PG Courses on the ground of non-production of the transfer certificates. Submissions : Submissions on behalf of the Osmania University:

(3.) Mr. K. Ramakanth Reddy, the learned Standing Counsel for Osmania University, inter alia submits that the learned single Judge having failed to appreciate the fact that mid-term admissions are disapproved by the apex Court, directed the University to admit the respondents herein, who have not yet completed the B.Ed Course they are prosecuting, into M.Sc., Course.