KISHAN CHAND YADAV Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) In this petition, the petitioner has prayed for striking down Rule 4(ii) of the Andhra Pradesh Regulation of Admission into MBA/MCA Professional Courses Through Common Entrance Test Rules, 2006 (for short, 'the Rules') and also for issue of a mandamus to the Andhra Pradesh State Council for Higher Education (for short, 'the State Council') to recognise his admission to MBA course.

(2.) A perusal of the record shows that after securing the degree of B.Com. from Osmania University, Hyderabad, the petitioner appeared in the entrance test held in furtherance of the notice issued by the State Government for admission to M.B.A. course for the academic year 2006-07. He was declared successful in the test and, on that basis, was admitted in Aurora Post-Graduate College, Ramanthapur, and Hyderabad (for short, 'the college') in Category 'B' seats. However, when the list of candidates admitted in the college was forwarded to the State Council, the latter declined to recognise the petitioner's admission on the ground that he does not fulfil the eligibility criteria prescribed under Rule 4(ii) of the Rules.

(3.) The petitioner has challenged the validity of Rule 4(ii) of the Rules by contending that the same is ultra vires the provisions of All India Council for Technical Education Act, 1987 (for short, 'the 1987 Act') and the regulations framed thereunder. He has averred that the eligibility criteria prescribed by All India Council for Technical Education (for short, 'AICTE') does not contain the requirement of passing SSC with Mathematics as one of the subjects and, therefore, the State Government could not have incorporated such requirement in the guise of rule making power vested in it under the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (for short, 'the 1983 Act').