A RANGANATH Vs. ANDHRA UNIVERSITY VISAKHAPATNAM

JUDGEMENT

(1.) Common Impugned Order passed by the learned Single Judge allowing Writ Petitions is under challenge by the University in the appeals except WA No.1340 of 2002. In W.A.No.1340 of 2002 order dismissing the Writ Petition is under challenge. The question involved is same and as such all appeals are being decided by a Common Order.

(2.) To various Postgraduate Courses for 2002-2003, a Common Entrance Examination was to be conducted by the Andhra University for which applications were invited. The last date for receipt of applications to various Postgraduate Courses was 30.4.2002. After the entrance test was held on 2.6.2002 and before admissions could take place, Vice-Chancellor of the University on 23.6.2002 issued a notification stipulating that such of the candidates who had studied P.G. Courses or had done M. Phil or Ph.D were not eligible to be admitted into any other P.G. Course. Such admissions were treated as horizontal and it was clarified that admissions were permissible only for vertical courses. Insofar as LL.B., Course is concerned for which notification was issued subsequent to the date of entrance examination for various PG Courses, such condition was incorporated in the Instructions and Information to the applicants supplied along with the applications. This condition was challenged in the Writ Petitions by the candidates on the ground that once a notification had been issued and candidates had appeared for entrance examination, it was not permissible for the University to have altered the conditions of admission restricting their choice of admission into various courses and that the Vice-Chancellor had no authority or power to do so. University resisted the Writ Petitions stating that the Vice-Chancellor being the executive head had authority and power to issue the notification and in fact the condition was formulated on 25.2.2002 much before the entrance examination was held for courses other than LL.B.

(3.) Learned Single Judge relied upon the decision of the Division Bench of this Court in A. Rama v. Kakatiya University, AIR 1982 AP 476, wherein it was held that it was not permissible for the University to have made any alterations subsequently to the detriment of candidates, who pursuant to the notification had applied for admission since they did not suffer any disqualification as on the date of making the applications. Following the said decision, the stipulation contained in the notification dated 23.6.2002 was held inapplicable and it was directed that admissions are required to be made strictly in accordance with the conditions as were contained in the original notification. On the second point prescribing horizontal admissions, learned Single Judge relying upon the decision of the Division Bench of this Court in Registrar, Nagarjuna University v. M. Madhava Rao, 1996 (2) An.WR 757, (W.A.No.361 of 1994 dated 1.2.1996) held that the decision of University in restricting the so called horizontal admissions cannot be sustained as there was no rationale in adopting such a policy by the University. Even on the competence of the Vice-Chancellor who had issued the notification for which only Academic Senate was held to be the competent authority, notification was held to be illegal. While allowing the Writ Petitions, Condition No.10 in the Instructions to Candidates issued for LL.B., Course and similar conditions in Memo dated 23.6.2002 for other courses was set aside and consequential directions were made to admit candidates on the basis of merit obtained by them in the entrance examination after ignoring the notification dated 23.6.2002. Writ Petition No. 12674 of 2002 was dismissed by another learned Single Judge against which W.A. No.1340 of 2002 has been filed.