(1.) The petitioner claiming to be a Scheduled Tribe student filed this writ petition questioning the action of the respondent - University in not giving him admission in M.C.A. course for the academic year 1999-2000 though he secured high rank among the Scheduled Tribe students who appeared for the entrance test solely on the ground that on the date when he was called for counselling he did not produce the marks memo of the qualifying examination.
(2.) The respondent - University filed a counter stating that the, entrance test for admission to M.C.A. course was held on 27-5-1999 arid results were declared in June, 1999 and counselling was closed in September, 1999. As far as the petitioner is concerned; though he appeared for the entrance test he has written the examination in B.A., only in August, 1999 under distant education programme from Kakatiya University and as the petitioner has not even appeared for the qualifying examination on the day when the entrance test was held for admission to M.C.A. course, the question of offering a seat to the petitioner does not arise. As per the regulations framed by the University, only those students who appeared for the qualifying examination, but whose results were not published are alone eligible to appear for the entrance test, but not those students who are expected to appear for the qualifying examination at a later point of time during the academic year.
(3.) I find sufficient force in the contention of the learned Counsel for the respondent -University. Admittedly, even by the date of publication of the results of the entrance test, the examination for B.A. under the distant education programme was not conducted and it is only while counselling was going on for admission to M.C.A. course, the Kakatiya University conducted examination for B.A., and did not publish the results by the time the counselling was closed. Hence, the question of offering a seat to the petitioner does not arise.