REGIONAL ADMISSION COMMITTEE Vs. SHAIK MOINUDDIN

JUDGEMENT

(1.) Final hearing of the appeal has been taken up. Heard learned counsel for the parties.

(2.) This appeal under Clause 15 of the Letters Patent has arisen against the judgment by the learned single Judge in Writ Petition No.20317 of 1995, a petition by persons who questioned the rules in clause 3(b) of Rule 4 of G.O.Ms.No.35, Education (Rules) Department, dated 26-2-1990 as violative of Section 3 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act and Articles 14, 16 and 21 of the Constitution of India. Writ petitioner-respondents have passed Intermediate examination and secured less than 45% marks. They, however, were al lowed to write entrance examination and it seems, obtained higher ranking than other persons. They have, however, been refused admission on the ground, inter alia,that they were not eligible for sitting in the entrance examination as they had obtained less than 45% marks in Intermediate examination.

(3.) Learned single Judge has held that the rule aforementioned is invalid and since the petitioner-respondents have sat in the entrance examination and obtained a higher ranking than others who are selected, they have to be admitted.