IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE : PRESENT: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO: 21740 of 2008 Between: 1. B. Nagendra Rao, S/o. Issac, 2. B. Raja, S/o. Nagendra Rao, aged about 15 years, Student, Minor, Rep by his natural Guardian Father, B. Nagendra Rao, R/o. Purlameraka Village, Kuchinipudi Post, Nizampatnam Mandal, Guntur District. ..... Petitioners AND 1. The Government of Andhra Pradesh, Rep by its Principal Secretary, General Administration Department, Secretariat, Hyderabad. 2. The Government of Andhra Pradesh, Rep by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad. 3. The Dean, Rajiv Gandhi University of Knowledge Technologies, Beside, Telephone Bhavan, Saifabad, Hyderabad. 4. The District Educational Officer, Guntur, Guntur District. 5. G. Anilkumar, S/o. Venkateswarlu, aged about 15 years, Student, Minor, Rep by his guardian father, G. Venkateswarlu, R/o. Gudavally Village, Cherukupally Mandal, Guntur 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, a. declare the statute 13 (3) of the Schedule to the Rajeev Gandhi University of Knowledge Technologies Act, 2008 is ultra vires to Articles 14, 15 and 371-D of the Constitution of India and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974. b. Declare item Nos. 10 to 13 of Admission Procedure notified by the 3rd respondent University for admission into 6 years course of IIIT for the year 2008-2009 are contrary to the Statute 13 (4) of the Schedule to the Rajiv Gandhi University of Knowledge Technologies Act, 2008 and illegal, c. consequently, direct the respondents 1 to 3 to consider the candidature of the petitioner for admission into 6 years Course of IIIT for the year 2008-2009 basing on the merit obtained in SSC and as per Rules for Reservation and as per the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 and law; d. declare the action of the Respondents in treating the Respondent's University as a State-wise university under the Presidential order as bad and illegal; e. direct the respondents to make the selection into 3rd respondent Institution basing on the local candidature prescribed under para 4 of the Presidential Order, by allotting the 85% of the seats in each institution to the respective local area; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, and upon hearing the arguments of Sri V..Mallik, Advocate for the Petitioners and of the Additional Advocate General, for the Respondents No.1, 2 & 4, the Court made the following: ..2.. ORDER: “Learned Additional Advocate General has circulated a letter stating that in view of the urgency relating to the admission in to the University, the Matter to be taken up. Accordingly, the matter is called at 4-30 P.M and the Bench was constituted at the residence of the Hon`ble Sri Justice Ghulam Mohammed. Heard Sri A. Sudershan Reddy, learned Additional Advocate General appearing for respondents and Y Venkatrami Reddy. Learned Advocate General has placed before us a notification which was published on 27th August, 2009 amending the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 appropriately incorporating the sub paragraph. (1) (f) of para 2 of the said order. Rajiv Gandhi University of Knowledge Technologies constituted under the Rajiv Gandhi University of Knowledge Technologies Act, 2008, Andhra Pradesh Act No. 18/08. By virtue of this amendment to the Presidential Order, the University has now been declared as statewide University. In terms of the paragraph 6 of the Presidential Order, admissions to the 85% of seats therein are to be exclusively to be from Andhra University area, Osmania University area and Sri Venkateswara University area within the ratio of 42:36: 22. The balance 15% of the seats are liable to the filled in exclusively by the merit of the candidates who are entitled to seek admission in the said University. Therefore, the primary objective of Article 371-D of our Constitution which has been spelt out in the Presidential Order referred to supra has been adequately safeguarded by the Promulgation of the amendment order which has since been 21st August, 2009. The next question, which requires examination, is whether the seats can also be reserved candidates on the segment in contrast to non-rural segment. That question to be deserved to be examined in future. However, it is a principle of law that presumption of validity of statute must be initially in its favour until and unless the final hearing of the matter takes place. It will not be possible for a firm opinion to be expressed thereon. The balance of convenience therefore lies in favour of the respondent University being allowed to proceed further with the process of admissions directly in accordance with paragraph 6 of the terms of the Promulgation order. Post the Writ Petition for final hearing immediately after three weeks. Counter affidavit, if any to be filed by the respective parties. In the meantime, reply and rejoinder, if any to be moved. As far as women’s reservation is concerned, it should be considered as horizontal reservation instead of vertical reservation, as has been made clear by the Supreme Court right from the Indrasahani onwards”. SD/-K.S. SARMA ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Hyderabad. 2. The Principal Secretary, Government of Andhra Pradesh, Higher Education Department, Secretariat, Hyderabad. 3. The Dean, Rajiv Gandhi University of Knowledge Technologies, Besides Telephone Bhavan, Saifabad, Hyderabad. 4. The District Educational Officer, Guntur, Guntur District. 5. G. Anilkumar, S/o. Venkateswarlu, Rep by his guardian father, G. Venkateswarlu, R/o. Gudavally Village, Cherukupally Mandal, Guntur District. 6. Two CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 7. The Registrar (Judicial), High Court of A.P., Hyderabad (for kind perusal) 8. One CC to Sri V.Mallik, Advocate (OPUC) 9. Two Spare Copies Ksv HIGH COURT GMJ & NRRJ DATE: 31-08-2009 NOTE: POST THE WRIT PETITION FOR FINAL HEARING IMMEDIATELY AFTER THREE WEEKS. ORDER WP. NO. 21740 OF 2008 DIRECTION