K RAMAKRISHNA Vs. OSMANIA UNIVERSITY

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution filed by a person seeking admission into the Engineering College attached to the Osmania University, Hyderabad.

(2.) The rules of that University inter alia require an applicant for admission into any of the colleges affiliated to the University to produce a certificate of domicile, if his parents do not fall within any of the categories enumerated in the relevant rule, which is in these words : Rule 6

(3.) For a person to obtain a domicile certificate in the concerned region, he or his parents should have lived in the territory known as Telangana for a period of fifteen years. In addition to this, every person, irrespective of the place of domicile, has also to groduce a certificate of nativity, no distinction being made between one student and another in this behalf. The purpose for which such a nativity certificate has to be produced is not relevant in the context of the present enquiry. The petitioner, who is the son of an officer of the United Nations Organization working as UNICEF Field Representative, passed the Pre-University Examination of the Osmania University from the Nizam's college securing a high percentage of marks and he applied for admission into the Engineering college. As he could not produce a certificate of domicile since he had settled down in Andhra Pradesh only in or about May, 1957, he felt that his application for admission would not receive consideration on its merits. Hence, he presented this petition for the issue or a writ of Mandamus or any other appropriate writ directing the respondents to entertain the petitioner's application for admission, consider the same on the basis of merit ignoring the nativity certificate required to be produced and to pass such further order or orders as it may deem fit and proper.