SAI CHAKRESH RANGA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition is filed seeking for issuance of writ of Mandamus by declaring the action of the respondents and in particular the 10th to 12th respondents who have given admission to the petitioners in 1st year MBA course (Category-B), which admission is sought to be cancelled on the ground that the petitioners not meeting the prescribed eligibility criteria and having pursued the degree course through distance mode in the State other than the State of Telangana and hence marked deficiency which the petitioners were called upon to remedy by obtaining equivalence certificate from the 5th respondent to enable the 10th to 12th respondents to continue with the admission of the petitioners in the first year MBA course (category-B) management quota for the academic year 2019-20, as being illegal, arbitrary and unjust.

(2.) Heard Sri. A. Sameer Kumar Reddy, learned Counsel for the petitioner and Sri Jitender, learned counsel for the 1st respondent, learned Government Pleader for Higher Education for 3rd respondent, Sri Ch. Jagannatha Rao, learned Standing Counsel for the 5th respondent and Smt. P. Sarada, learned Standing Counsel for the 9th respondent. Brief facts:

(3.) It is claimed that the petitioners are born and brought up at Hyderabad and had schooling at Hyderabad, and had passed out the 10th Standard examination during the year 2012-14. Thereafter, it is claimed by the petitioners, that the petitioners have pursued Intermediate education at Hyderabad and passed out during the year 2014-17. Though the duration of the said Intermediate course is of 2 years, all the petitioners took longer time to complete the same "compartmentally". It is claimed that while the petitioners were studying the Intermediate course, in order to make up for the one year lost, the petitioners enrolled themselves for pursuing graduation course of 3 years through distance mode and had joined the 26th respondent college during the year 2016. It is claimed by the petitioners that the 26th respondent college where the petitioners had obtained admission for pursuing under graduation course was originally affiliated to Kakatiya University, which it is claimed has changed its affiliation to Acharya Nagarjuna University Centre for Distance Education. The petitioners claims to have pursued under graduation course during the period 2016-19 through Distance Education mode and has obtained the bachelor degree in June, 2019. Basing on the said certificate of graduation, the petitioners have applied and appeared for the Telangana Integrated Common Entrance Test conducted by the 5th respondent for admission into Master of Business Administration course (MBA) for the year 2019-20. Though, the petitioners qualified the TSICET held, but could not secure admission under the Convenor quota (category-A), but however were able to secure admission in category-B which relates to management quota in the 10, 11 and 12th respondent colleges. Upon securing admission into the respondent colleges, the petitioners claims to have made the payment of fees and started attending the classes for pursuing the post graduation course of MBA, while that being so, the 9th respondent who is required to ratify the admissions seems to have raised an objection with regard to the qualifying examination certificate of the petitioner being obtained through distance mode from a University in a State other than the State of Telangana and, as such, the petitioner not being eligible for admission in the MBA course. It is the said action of 5th respondent that is being impugned in the present Writ Petition on the ground that by virtue of the provisions of A.P. Reorganisation Act, 2014 and the Article 371-D of the Constitution of India, equal opportunities in matters of education in the State of Andhra Pradesh and the State of Telangana have been provided for and the petitioners admission could not be cancelled on the ground that the graduation certificate obtained by the petitioner through distance mode is from the University which is located outside of the State of Telangana.