VICE CHANCELLOR OSMANIA UNIVERSITY Vs. T PAVANI

JUDGEMENT

(1.) These writ appeals are directed against the judgment of the learned single judge in W.P.NO. 17703 of 1990 and batch dated 27-3-1991 and the judgment in W.P.No. 4591 of 1991. The learned single judge allowed the writ petitions. The Vice Chancellor of the Osmania University, the Principal, Post Graduate College of Law (Evening), Osmania University and" the Principal, University College of Law, Osmania University (Morning Session), have filed these appeals. In the Writ Petitions various writ petitioners - respondents herein, sought the issue of Mandamus to the appellants to act according to law and follow the 30% rule of reservation for women candidates for admission to the LL.B. first year course of 1990-91 in accordance with sub-rule (4) of Rule 10 of the Andhra Pradesh Institutions of Law (Regulation of Admission into courses in law through common entrance test) Rules, 1989 (hereinafter called 'the Rules') and to admit each of the writ petitioners in the first year of LL.B. course of 1990- 91, either in the University College of Law (Evening) or the regular day college.

(2.) The writ petitioners contend that the above mentioned rules have been issued under Section 3(1) read with Section 15 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (hereinafter called 'the' Act'), and that under Rule 10(3) of the Rules (numbered as Rule 10(3) in the Gazette publication of rules) 30% of the seats in the Law Colleges should have been reserved for women and that this was not done. They, therefore, seek admission to the first year of LL.B. course in the two University Law Colleges for the academic year 1990-91 on the basis of the rule of reservation mentioned in the said rules.

(3.) Before the learned single judge, the Government, which was impleaded as a party, did not file any counter. Counter was filed for the Vice Chancellor and for the Principals of the University Law Colleges. They took the stand that reservation is a matter of concession, which cannot be claimed as a matter of right and that Section 6 (2) of the Osmania University Act contains a provision which is merely an enabling provision. Unless Rules or Regulations are framed by the University providing reservation for women candidates, no reservation can be. claimed based on the rules made by the Government under the Act. It is also stated that the rules referred to above which were published in G.O.Ms.No. 172, dated 11-5-1989 merely state that "Subject to permissibility in the rules and regulations of admission of the respective Universities, 30% of the seats in each course in each institution shall be reserved in favour of women candidates". It is contended that the Rules of the Osmania University did not permit any separate reservation for women candidates. Women candidates are, therefore, considered only as per their general merit at the entrance test, subject to other statutory reservations. Therefore, the women candidates cannot claim any right of reservation of 30% of the seats. The University has not taken any steps to reserve seats for women candidates and in the absence of any Rule or Regulation made by the University, no reservation can be claimed.