VIDYA BALUSU Vs. CHAIRMAN, JEE (2007) ORISSA

JUDGEMENT

(1.) PETITIONER Vidya Balusu, daughter of Sri B. Virabhadra Rao, after completing her +2 Science course had appeared in the Joint Entrance Examination (for short JEE), 2007 for admission to the First Year Degree Course in Engineering. The said examination was conducted according to the Orissa Professional Education Institutions) Regulations of Admission and Fixation of Fees) Ordinance, 2007. She qualified herself in the said examination having ranked at Sl. No. 4197 of merit list of general category and at Sl. No. 4120 of women category. The Chairman, JEE called upon her to attend the counselling which was scheduled to be held on 4th August, 2007. Accordingly the petitioner appeared for counselling at the venue along with her testimonials and a demand drafts of Rs. 16,000.00 and Rs. 202.00 drawn in favour of JEE (Orissa), 2007. Her grievance is that though she attended the counselling she was not given admission mainly on the ground that her father was not a permanent resident of Orissa. Being aggrieved by the said action she has approached this Court with a prayer to issue a Writ of Mandamus to the opposite parties to admit her in Engineering Stream.

(2.) IN support of her stand, the petitioner has averred that her father Sri B.Veerabhadra initially was a native of East Godavari in the State of Andhra Pradesh, but then later on he has settled in Orissa since long and has been permanently residing at Rayagada, which place is in the border of Orissa and Andhra Pradesh, having purchased agricultural lands and constructed his house. To substantiate such contention she produced the Voters Identity Cards in the names of her father and mother issued by the Election Commission, Holding Tax Receipt issued in the name of her father in respect of his residential house at Rayagada, Receipts with regard to payment of land revenue in respect of lands owned by her father at Rayagada, a certificate awarded by the Government of Orissa showing him to be the best horticulturist of the district of Rayagada and the Resident Certificate issued by the Tahasildar, Rayagada in consonance with the Miscellaneous Certificate Rules in RMC No. 1967 of 2007. She has also submitted the permanent residence certificate for JEE (Orissa), 2007 issued by the Addl. Tahasildar, Rayagada.

(3.) AFTER receiving notice, a counter -affidavit has been filed by the opposite parties taking the stand that the permanent residence certificate issued by the Addl. Tahasildar, Rayagada indicated that the petitioner was a permanent resident of East Godavari in the State of Andhra Pradesh and as the petitioner could not satisfy the requirement of Clause 2.1 of the Information Brochure of JEE (Orissa), 2007, she was not eligible for admission. The further stand taken in the counter -affidavit is that the counselling for women candidates of reserved category being over on 20th July, 2007 and for women of general category on 4th August, 2007, the Writ Petition has become infructuous and is therefore liable to be dismissed.