S RASHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Whetherthe appellants, who secured Pre-University qualification from Janardhan Rai Nagar Rajasthan Vidyapeet, a Deemed University (hereinafter described as 'the University'), were eligible to be admitted in 1st years B.Tech course in Hasvita Institute of Engineering & Technology, Keesara Village, RangaReddy District (for short,'the Institute') and the Andhra Pradesh State Council for Higher Education (forshort, 'the State Council') committed an illegality by disapproving their admission, is the question which arises for determination in this appeal filed by them under Clause 15 of the Letters Patent. The Facts:

(2.) After passing 10th Class examination conducted by the Andhra Pradesh Board of Secondary Education (forshort, 'the Board'), the appellants are said to have studied Pre-University course under Distance Education Programme conducted by the University. They are said to have been awarded certificates by the University in October2005. Thereafter, on the basis of spot admissions made by the management of the Institute, the appellants got admission in 1st year B.Tech. course for the academic session 2005-06. In February 2006, the State Council declined to approve the admission of the appellants on the ground that they do not fulfill the condition of eligibility prescribed under the Andhra Pradesh Professional Educational Institutions (Regulation of Admission into Under-Graduate Professional Courses through Common Entrance Test) Rules, 1993 (for short, 'the Rules'). According to the State Council, Pre- University qualification obtained by the appellants is not equivalent to 10 + 2 examination and, therefore, they were not eligible to be admitted to the engineering course.

(3.) The appellants challenged the aforementioned decision of the State Council in Writ Petition No.9855 of 2006 by contending that the Pre-University course conducted by the University under the Distance Education Programme has been recognized as equivalent to Intermediate course by the Government of India, Ministry of Human Resources, Association of Indian Universities and the University Grants Commission (UGC) and, therefore, it is not open to the State Council to refuse to treat the same as equivalent to 10 +2 examination.