D BALAJI Vs. REGISTRAR KAKATIYA UNIVERSITY WARANGAL

JUDGEMENT

(1.) The Petitioners who are the students of B.Pharmacy 1 st year filed writ petition seeking Writ of Mandamus declaring the action of the Respondents in refusing to receive the examination fee for appearing 1st year B.Pharmacy course and for consequential direction.

(2.) The petitioner submits that they appeared for EAMCET- 1995 and qualified the said examination. The 3rd respondent - College admitted the petitioners to B.Pharmacy Course against the seats after due date fixed by the Supreme Court i.e. 15-10-1995. When the 3rd respondent was about to d isturb the admissions from the petitioners, they filed WritPetitionNo.27633/ 95 before this Court and this Court granted interim direction not to disturb their admissions based on the orders of the Supreme Court in T.M.A. Pai Foundation v. State of Karnataka and Others (1) 1995(5) SCC 220. The writ petition was finally disposed of on 7-8-1 996 in terms of the interim direction granted by this Court on 7-12-1995. Thus, the petitioner had undergone 1 styear Course. They are required to appear for 1 st Year Examinations and they paid the necessary examination fee, which has been refused. However, the Principal of the 3rd Respondent College transmitted the application forms along with the fee to the 1st respondent. But the 1st respondent issued Hall Tickets only in respect of the candidates who were sponsored by the Convenor and in respect of the petitioners the Hall Tickets were not issued. Aggrieved by the said action, the present writ petition is filed.

(3.) It is the contention of the petitioners that the Respondents have no authority or power to refuse to permit the petitioners to appear for the examinations. It is further submitted by the petitioners that the 3rd Respondent College has filled-up the vacant seats as on 15-10-96 as per the directions of the Supreme Court. More over the petitioners having been permitted to undergo the 1st year Course, it is not open for the Respondents to refuse the permission to appear for the examinations. It is now stated that the examinations are taking place from 14-10-1996 as per the notification issued by the Controller of Examinations of Kakatiya University.