S SESHAM RAJU Vs. STATE OF A P

JUDGEMENT

(1.) This writ petition is filed as PIL by S. Sesham Raju, President of A.P. Bhatraju Sangham, seeking direction against the third respondent to comply with the provisions of A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983, hereinafter referred to as "Prohibition of Capitation Fee Act, 1983" and the rules made thereunder and to provide reservation to weaker sections of the society, namely women, Backward Classes, Scheduled Castes and Scheduled Tribes.

(2.) The petitioner has alleged that on going through an advertisement in Eenadu Telugu Newspaper on 9th March, 1993, inviting applications for admission to Under-Graduate Programme in Information Technology for the academic year 1999-2000, the petitioner found that the application format published in the advertisement does not indicate the communal data required except the sex of the applicant. It also did not indicate whether any seats are earmarked for women and other weaker sections of the society. Advertisement disclosed that the third respondent-Institute had been set up by global leaders in Information Technology Industry in association with Government of Andhra Pradesh and that the Institute will award its own Graduate Diplomas in Information Technology and the contents of Under-Graduate Programme would be at par with B.E. and B.Tech. Programmes. The petitioner further alleged that it is not known whether the Institute had obtained any approval from All India Council for Technical Education or from the Andhra Pradesh State Council of Higher Education. The petitioner stated that he is not aware whether the Institute is a private unaided Institute or Government aided institution. The petitioner reserved his right to file additional affidavit on getting information. After referring to certain provisions of the Andhra Pradesh Education Act, 1982 (Act No.1 of 1982) (for short the "Education Act, 1982"), the provisions of Prohibition of Capitation Fee Act, 1983 and the provisions of Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987, hereinafter referred to as "the Rules", and Andhra Pradesh Unaided Private Engineering Colleges (Establishment, Management and Admission) Rules, 1992, the petitioner alleged that Government had issued G.O. Ms No. 184 Education (EC-2) Department dated 20th August, 1993 framing Rules for admission into professional educational institutions called "Andhra Pradesh Professional Educational Institutions (Regulation of Admissions into Under-Graduate Professional Courses through Common Entrance Test) Rules, 1993. The Rules provide for method of admission, eligibility criteria for admission, conduct of Common Entrance Test and rules of reservation. Rules of reservation provide for reserving seats for Scheduled Castes, Scheduled Tribes and Backward Communities and also for women, apart from other categories of candidates like Physically Handicapped, N.C.C., Games and Sports. The petitioner has also referred to another Act, namely, Andhra Pradesh State Council of Higher Education Act, 1988, saying that it provides for constituting State Council to advice the Government in matters relating to higher education in the State and to oversee its development with perspective planning and for matters connected therewith and incidental thereto.

(3.) After making references to the aforementioned enactments and the Rules, the petitioner alleged that the provisions made in the said enactments and Rules have been given a go-by, while setting up the Indian Institute of Information Technology (hereinafter referred to as 'Institute') (Respondent No.3), as a result, no reservation is provided to women, Backward Class, Scheduled Caste and Scheduled Tribe students, even though the programme of the Institute would be at par with B.E./ B.Tech. Degree programmes conducted by the other colleges. The petitioner thus sought direction against Indian Institute of Information Hyderabad - third respondent to comply with provisions of Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 and the Rules made thereunder and to provide reservation for women, and students belonging to Backward Classes, Scheduled Castes and Scheduled Tribes in the available seats in the Institute while making admissions.