VEENA B CHAUDHARI Vs. CONVENOR CENTRALISED ADMISSION COMMITTEE

JUDGEMENT

(1.) This writ petition is directed against the order of the respondent shifting the petitioner from Nizam College to the University College of Science, Osmania University. An interim direction was given to permit the petitioner to continue her studies in the Nizam College, and the respondents have filed a petition to vacate the interim direction. Consequently, by consent of the parties, the writ petition itself was heard.

(2.) The petitioner applied for M.Sc., (Physics), and in the application she had given M.Sc. (Tech.) Applied Electronics in University Science College as the first choice; M.Sc. (Physics) in University College of Science as the second choice, and M.Sc. (Physics) in Nizam College as the third choice. According to the rules of admission, where a course is offered at more than one college, the candidates are required to exercise their order of preference and the preference once exercised is final. It also states that the allotment of candidates to different colleges would be made on merit-cum-preference basis and will be final. In the provisional list of admissions published on 29-7-1995, the petitioner was allotted M.Sc. (Physics) in Nizam College and, accordingly, she accepted that allotment and joined Nizam College on 8-8-1995 where she is studying. Subsequently, the final allotment of the candidates was made and sent on 29-9-1995 to the Principals of the colleges and the petitioner's name did not figure in the" list of candidates allotted to Nizam College and her name was taken over to final list in respect of University College of Science for the same M.Sc course. When she was told about this, she made a representation dated 9-11-1995 stating that she was quite happy with the allotment to Nizam College where she was given electronics and computer programming as specialisation which was not available in the University College and further it was near to her house and enabled her to attend on her ailing mother and that Nizam College had no objection to her continuing there itself. This was referred to the convener on 18-11-1995, who gave a note to the Registrar on 23-11-1995 stating that she cannot be allowed to change the option as others have accepted the change. But, this decision was not communicated to her. She filed the writ petition on 24-11-1995 as her name was struck off the rolls of Nizam College. The learned counsel for the petitioner brought to my notice the subsequent communication dated 14-12-1995 sent by the Principal of University College informing the petitioner that she had not attended a single class from commencement of the course for the academic year 1995-96 and she is not eligible to appear for the examination.

(3.) The contention of the petitioner is that once having joined Nizam College and commenced studies, it was unreasonable for the authorities to expect her to leave the college and join another college only because certain adjustments have been made in the final list. It was also submitted that the entire exercise of finalising the seat according to preference has been made without considering the courses applied for by the petitioner and, therefore, the allotment itself is arbitrary and the consequential shift was untenable. The learned counsel for the respondents justified the change by contending that the original admission was only provisional and the allotment is always subject to the making of a final list and the petitioner did not acquire any right to remain in Nizam College. It is also submitted that the first semester syllabus is common to all the candidates and the petitioner would not be affected by being shifted from Nizam College. It was also argued that all others who have been shifted have accepted the shift and joined their new places which was done on the basis of merit-cum-preference and there was no vacancy in Nizam College for the petitioner to continue there.