IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17860 of 2007 Between: M. Navin Kumar S/o Lingaiah R/o Post Seriguda Village, Ibrahimpatnam Mandal, Ranga Reddy District. ..... PETITIONER AND 1. Jawaharlal Nehru Technological University, Kukatpalli, Hyderabad, rep. By its Vice Chancellor. 2. The Director (Academic & Planning), Jawaharlal Nehru Technological University, Kukatpally, Hyderabad. 3. Sri Datta Institute of Pharmacy, Serigudem Village, Ibrahimpatnam mandal, R.R. district. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order, direction or Writ particularly one in the nature of writ of Mandamus or any other appropriate Writ (i) declaring the action of the respondents in not promoting the petitioner to the third year B. Pharmacy Course by duly taking into consideration the Credits of first year and first and second semesters of Second course as illegal (ii) declare the action of the respondents in not extending the Concession given by the respondents 1 and 2 vide proceedings No.BAP/E/B.Tech/Promotion Rules/Concessions/ 2007 dated 29-6-2007 to the students of B. Pharmacy and not promoting the petitioner to the third year B Pharmacy course as illegal and arbitrary and consequently direct the respondents to promote the petitioner to third year B Pharmacy course by duly extending the concession given under Proceedimgs No. BAP.E/B.Tech/Promotion Rules/Concessions/2007, dated 29-6-2007, and pass other order or orders in the interest of justice. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: MR.K.RATHANGA PANI REDDY The Court made the following : O R D E R : The writ petition has been filed by the petitioner with a prayer to issue an order, direction or writ, particularly one in the nature of writ of Mandamus: 1) declaring the action of the respondents in not promoting the petitioner to the third year B. Pharmacy course by duly taking into consideration the credits of first year and 1st and 2nd semesters of second year as illegal; (2) declaring the action of the respondents in not extending the concession given by the respondents 1 and 2 vide proceedings No.BAP/E/B.Tech/Promotion Rules/Concessions/2007, dated 29.06.2007, to the students of B. Pharmacy and not promoting the petitioner to the third year B. Pharmacy course as illegal and arbitrary and (3) consequently direct the respondents to promote the petitioner to third year B. Pharmacy course by duly extending the concession given under proceedings No.BAP/E/B.Tech/Promotion Rules/Concessions/2007, dated 29.06.2007. 2. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents 1 & 2. 3. Learned counsel appearing for the petitioner submits that though the petitioner has not secured minimum number of 42 credits to be eligible for promotion to the second and third year B. Pharmacy course, his case is required to be considered since similarly situated persons in engineering steam has been considered and promoted. 4. Learned Standing Counsel appearing for the respondents 1 and 2 submits that for promotion of a candidate to 2nd and 3rd year B. Pharmacy course, he has to secure 42 credits and since the petitioner has not secured the said 42 credits, he is not eligible for promotion from 2nd year to 3rd year B. Pharmacy course. 5. It is not in dispute that the petitioner has not secured minimum 42 credits to be eligible for promotion from 2nd year to 3rd year B. Pharmacy course. Such is the situation, the action of the respondents in not promoting the petitioner from 2nd year B. Pharmacy course to 3rd year B. Pharmacy course cannot be faulted. 6. Accordingly, the writ petition is dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date: 09th June, 2008. cs ..... ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Vice Chancellor, Jawaharlal Nehru Technological University, Kukatpalli, Hyderabad. 2. The Director (Academic & Planning), Jawaharlal Nehru Technological University, Kukatpally, Hyderabad. 3. Sri Datta Institute of Pharmacy, Serigudem Village, Ibrahimpatnam mandal, R.R. district. 4. 2.2CD copies Form-NIC-OGS/WP{TRT}