MOHD. NAYEEMUDDEIN GHOURI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Standing Counsel for the 3rd respondent. None appeared for the respondents 1, 2, 4 and 5.

(2.) The 5th respondent issued Notification on 24-07-2009 inviting applications for admission to 150 seats in the first year M.B.B.S. course for the academic year 2009-10 under A & B category seats. In response to the said Notification, the petitioner submitted his application form and the same was scrutinized by the 5th respondent. The 5th respondent vide its letter dated 28-07-2009 forwarded the merit list of candidates to the 3rd respondent. The 5th respondent thereafter conducted counselling on 29-07-2009 for all the 150 seats and granted admission to the petitioner for the first year M.B.B.S. course.

(3.) The petitioner secured 63% marks in Intermediate examination and 49.833% marks in the Botany, Zoology, Physics and Chemistry. It is his case that A.P. Educational Institutions (Regulation of Admissions) Order 1947, Rule 5(2) and Rule 6(3) stipulates that calculation of any fraction above 0.5 shall be treated as '1'. Since the petitioner secured 49.833% marks in the optional subjects in the intermediate examination, he is eligible for admission into the first year M.B.B.S. course. He approached the 2nd respondent seeking clarification and the 2nd respondent vide letter Rc.No.27640/ME-C/2009 dated 28-07-2009, clarified and communicated its decision to the 3rd respondent. The petitioner thereafter started attending to the classes from 01-08-2009 onwards and he has completed the entire first year training programme and curriculum. He appeared for the internal examinations in Anatomy, Physiology and Bio-Chemistry subjects. The 5th respondent has forwarded the internal marks obtained by the petitioner together with attendance particulars to the 3rd respondent. While so, on 11-08-2009 the 5th respondent addressed a letter to the 3rd respondent enclosing the registration fee for 150 students admitted by it under A&B categories with a request to the 3rd respondent to register the names of the candidates for the first year M.B.B.S course for the academic year 2009-2010. The petitioner has paid the first year examination fee on 08-06-2010 within the time prescribed and the examinations were about to commence from 20-07-2010. But, however, the 3rd respondent, without assigning any reason, made an endorsement on 20-07-2010 stating that the petitioner is not eligible to appear for the first year M.B.B.S. examinations, which are scheduled to be commenced from 20-07-2010, and in those circumstances, the petitioner filed the present writ petition challenging the action of the 3rd respondent in issuing the endorsement, dated 20-07-2010.