ANIL KUMAR K Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petitioner was offered payment seat in Electrical and Electronics Engineering in Kakatiya Institute of Technology and Science, at Warangal. Subsequently, the 2nd respondent (Convenor, EAMCET-95, J.N.T. University, Hyderabad) issued another Notification for commencing 2nd, 3rd and 4th phase admissions for which candidates in 'OC' category from rank 3501 in all local areas were called for interview. Free seats were offered to the candidates and even those candidates who, according to the petitioner, secured lower ranks were given the advantage of free seats. The 2nd respondent's action in denying free seat to the petitioner and allotting free seats to the candidates who were subsequently admitted is called in question in this Writ Petition.

(2.) According to the petitioner, the 2nd respondent ought to have included in the subsequent phases, the candidates who were offered payment seats in the Engineering Colleges and by not doing so, the 2nd respondent committed an illegal and arbitrary act which was, according to the petitioner, required to be quashed and set-aside and the injustice done to the petitioner by not providing free seat was required to be remedied.

(3.) The 2nd respondent filed a counter affidavit, in which he did not dispute the fact that the petitioner belonged to 'OC' category, that he secured rank No.2769 at EAMCET 1995 Common Entrance Test, and that he appeared for interview on 12-7-1995 arid was admitted in Kakatiya Institute of Technology and Science, at Warangal, on payment seat. However, according to the 2nd respondent, the petitioner accepted the admission on payment basis on his own choice as no free seats were available on that date of admission. It is alsonot disputed that 1000new and additional seats were created subsequently and that he (2nd respondent) was directed to fill up these seats in the university and private colleges in the State. A Notification was thereafter issued to fill up those additional seats by giving an opportunity to the candidates who had appeared in the 1st and 2nd phase of admissions, irrespective of the fact whether they had taken admission or not, as these seats were not available to them at the time of their interview. They were given option to opt for new and additional seats and the admissions were given, if eligible, without conducting interview according to their option. But the petitioner did not take advantage of the same and waited until the disposal of Writ Petition No.23575/95. According to the 2nd respondent, a direction was given to him (2nd respondent) to allot free seats to two writ petitioners, by order passed on 20-12-1996. The writ petitioner, therefore, filed the present Writ Petition in September, 1996. But by that time, according to the 2nd respondent, all seats were filled up, as 15-12-1995 was fixed as the cut-off date by the competent authority, i.e., A.P. State Council of Higher-Education.