S SREENIVASA JAIDEEP Vs. REGISTRAR ANDHRA UNIVERSITY WALTAIR

JUDGEMENT

(1.) These two petitioners are seeking admission into the Andhra University College of Engineering, Waltair against the quota of seats reserved for the children of the University employees. Admission to the Andhra University College of Engineering is based upon the marks obtained by he aspirants at the common entrance examination conducted by the Universities in Andhra Pradesh. These petitioners along with others had appeared for that common entrance examination and secured each 44 our of 150 marks. This was the same number of marks which one Nanda Kishore had secured. The petitioners allege that on the basis of these marks they, as well as Nanda Kishore, applied for admission into the above college under the quota of 16 seats reserved for the children of the staff working in the Andhra University. Clause 4(D) (6) of the College prospectus issued by the Andhra university Engineering College for the year 1983-84 entitles the children of the teaching and non-teaching staff working in the University for such reservation. It however appears that the Andhra University Syndicate at its meeting held on 16/09/1983 found the petitioners and the above mentioned Nanda Kishore not to be qualified at the common entrance examination. That was on the assumption that the marks secured by them were below the minimum prescribed. The petitioners therefore, along with the aforementioned Nanda Kishore had filed several writ petitions in this Court. A learned single Judge of this Court by his order dated 6-2-84 found the petitioners to be eligible and directed that their cases for admission into the above engineering college should be considered according to the order of their respective merits. In obedience to the order passed by this Court, the University reconsidered the matter but rejected the petitioners claim for admission while it admitted the aforementioned Nanda Kishore into the Engineering College. The petitioners say that the above mentioned Nanda Kishore admitted even by creating an extra seat while they were denied admission although they secured the same number of marks as Nanda Kishore did. They allege that Nanda Kishore was the son of the head of the Department of Civil Engineering and special favour had been shown to him by he university. They, therefore, pray that this Court may direct the University and the Engineering College to provide each one of them with a seat.

(2.) This writ petition is opposed by the University through a counter-affidavit filed by one of its Assistant Registrars.

(3.) In the counter-affidavit, it is broadly admitted that previously these two petitioners and Nanda Kishore had filed writ petitions and that this Court had earlier directed the University to consider the case of the petitioners on their merits. The counter-affidavit asserts that Nanda Kishore was given a seat on the basis of his merit measured by his Intermediate marks of 80.5% secured in the group subject as against the lower marks of 60.3% and 70.6% secured by the first petitioner and the second petitioner respectively. The counter also says that the first petitioner did not submit any application form for admission and that he merely submitted a representation and that the second petitioner though submitted an application on 27-7-83 it was beyond 30-6-83 which was the last date fixed for receiving applications. It last date fixed for receiving applications. It was on the basis of the above counter-allegations the university had opposed the writ petition.