SHAIK KHADERVALI Vs. REGIONAL ADMISSION COMMITTEE

JUDGEMENT

(1.) These writ petitions raise a question as to whether the Rules framed under G.O-Ms. No. 35, Education (Rules) Department, dated 26-2-1990 framed in exercise of the rule making power under Sections 3 and 4 read with Section 15 of Andhra Pradesh Educational Institutions (Regulations of Admissions and Prohibition of Capitation Fees) Act, 1983 (A.P. Act No. 5 of 1983) in prescribing qualifying marks, both for appearing in Entrance Examination, and also in the entrance examination are valid. Under the above rules, the qualifying mark in the qualifying examination i.e. Intermediate examination is prescribed as 45% so as to entitle the candidate for consideration. When a candidate sits for entrance examination, the minimum marks to be obtained are prescribed as 35 per cent. In the instant cases, the petitioners did not secure 45% marks in the Intermediate examination, but were allowed to write entrance examination and in the entrance examination, they obtained higher rankings than other persons to whom admissions were given.

(2.) Even though the petitioners had obtained higher rankings, they were denied admissions by the respondents on the ground that they had secured less than 45% marks in the Intermediate examination. Mr. R. Venkatramudu, the learned counsel for the petitioners, submits that this dual imposition of securing 45% in Intermediate examination and also 35% of marks in the entrance examination is illegal and arbitrary and cites a case decided by this court dealing with the same statute and the rules made thereunder in K. Anand vs. Convenor, Engineering, Agricultural Medical Common Entrance Test Hyderabad 6V another which directly covers this case.

(3.) Ms. Malleswari, the learned Assistant Government Pleader submits that the rules mentioned above and framed under G.O-Ms. No. 35 should be the criterion and that non-admission of the petitioners into Teacher Training Course is perfectly legal and valid and that since it is 2 1/2 months since the course, has started,no relief can be granted, as the course itself is about 9 months duration. She submits that the imposition of 45% in Intermediate, 35% of marks in entrance examination and higher ranking in the latter are the criteria and such an imposition is not ultra vires the Act.