M ANURADHA Vs. VENKATESWARA UNIVERSITY TIRUPATI

JUDGEMENT

(1.) The petitioner studied in Adoni Arts and Science College, Adoni during the academic years 1984-87. The first year examinations of the B.Sc., were scheduled to be held in June, 1985. The petitioner was seriously ill during that period. Therefore, she did not attend the examination due to illness. She however appeared in the supplemental examinations held in September, 1985 and passed in one attempt. She also passed second year examination in one attempt; so also the third year examination. She secured 58% of marks in Chemistry, 72.8% in Botany and 67.4% in Zoology in the aggregate of all the three examinations. She applied for admission in M.Sc., Botany. The list of selected candidates was announced on December 17, 1987 but her name was not included while a candidate who secured 63% in Botany was selected. She was later informed that as she passed the first year examination in September, 1985 instead of June, 1985. She was treated as having passed in second attempt and was not selected, pursuant to R. 2 of the General Conditions for Admission to Different Courses of Study. The petitioner therefore challenges the validity of the Rule as being arbitrary and unjust and unreasonable and violative of Art.14 of the Constitution of India and prays that the said Rule be struck down.

(2.) The respondent filed a counter-affidavit stating that under R. 2, the University had framed the order of priority for admission. The petitioner comes under Category 11(c) and as the other candidates who passed all the three examinations in the first attempt were available, they were granted admission in the first category and the petitioner was not selected in view of the R. 2 of the admission rules. It is further stated that there are many candidates in Category II(a) and II(b) and therefore the petitioner who falls in Category 11(c) cannot be considered for admission to the course. In these circumstances, it is prayed that the writ petition be dismissed.

(3.) Sri G. Vendantha Rao, the learned counsel for the petitioner, submits that R. 2 is arbitrary, unreasonable was oppressive and, therefore, it has to be struck down as it does not take into consideration the unforeseen events like sudden sickness, accidents, etc., due to which the candidate may not take the Examinations.