IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1232 of 2009 Between: Ubed Bin Yahiya S/o.Yahia Bin Amar R/o. H.No. 2-63, Near Osmania Masjid, Asifabad (Post & Mandal, Adilabad District. ..... PETITIONER AND 1 Government of A.P., Rep. by its Principal Secretary to Government,Higher Education Department, Secretariat Buildings, Hyderabad. 2 Jawaharlal Nehru Technological University Kukatpally, Hyderabad, Rep. by its Registrar. 3 State Council for Higher Education Government of Andhra Pradesh, Masab Tank, Hyderabad, Rep. by its Secretary 4 Admissions and Fee Regulatory Committee Government of Andhra Pradesh, Gagan Vihar, Hyderabad, Rep. by its Member-Secretary 5 The Consortium of Andhra Pradesh Minority Educational Institutions, Aligarh Buildkings, Hill Fort Road Basheerbagh, Hyderabad, Rep. by its Chairman 6 The Convener, ICET-2008 (SW-II)-AC C/o. The Consortium of Andhra Pradesh Minority Educational Institutions, Aligarh Buildings, Hill Fort Road, Basheerbagh, Hyderabad. 7 VIF College of Engineering and Technology Moinabad, Ranga Reddy District, Rep. by its Secretary and Correspondent. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus iii) declaring the action of the respondents 1 to 4 in not taking prompt action to provide admission to the petitioner in MBAS Course for the academic year 2008-09 in the minority colleges offering MBA Course and the action of the 2nd respondent in not approving the admission of the petitioner by the proceedings dt. 5-1-2009 as illegal, and unconstitutional and iv) consequently direct the respondent NO.7 to permit the petitioner to continue the MBA Course and to make arrangements for special classes if necessary for complying with the academic requirements after setting aside the ordes dt. 5-1-2009 of the 2nd respondent. Counsel for the Petitioner: MR.K.S.MURTHY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 1232 of 2009 Oral order: The petitioner filed the present writ petition seeking to declare the action of respondent Nos. 1 to 4 in not taking prompt action to provide admission to the petitioner in MBA Course for the academic year 2008- 09 in the minority colleges offering MBA, and the action of respondent No.2 in not approving the admission of the petitioner vide proceedings dated 05.01.2009, as illegal and arbitrary, and consequently direction respondent No.7 to permit the petitioner to continue MBA course and make arrangements for special classes if necessary for complying with the academic requirements by setting aside the orders dated 05.01.2009 of respondent No.2 The petitioner who has completed B.A., has appeared for ICET- 2008. He secured rank of 1,62,054. He appeared for counseling before respondent Nos. 5 and 6, who allotted him to respondent No.5-VIF College of Engineering and Technology. However, respondent No.2- JNTU, vide orders 05.01.2009, refused to ratify the admission of the petitioner on the ground that the academic year commenced on 01.09.2009, and that no admission will be entertained four weeks after commencement of the academic year, the last date of I semester, would ended on 03.01.2009, and the petitioner would not satisfy the minimum attendance requirement. Respondent Nos. 2, 5 and 7 filed separate counters. The Secretary of respondent No. 5 in para 9 of his counter, has taken the following stand: I respectfully submit that having regard to the fact situation, which has resulted in denial of opportunity to a minority student seeking Post Graduate education, the consortium undertakes that it shall allot the petitioner to respondent No.7-college for admission into the 1st year MBA Programme in the next academic year 2009-2010 and respondent No.7-college has also accepted the same by a corresponding affidavit. Likewise, the Secretary and Correspondent of respondent No.7- College in para 5 of his counter, has undertaken has follows: I respectfully submit that however, having regard to the fact situation and interests of the petitioner and in view of the academic regulations of the 2nd respondent which disable the petitioner from pursuing his study in the current academic year 2008- 09, the 5th respondent has taken a decision to ensure that the petitioner shall be considered allotted and admitted to 7th respondent-college for pursuing his study in the next academic year 2009-10 and upon such consideration, the 7th respondent shall admit the student in MBA programme and permit him to continue the study in the programme. The above undertaking given by respondent Nos. 5 and 7 are placed on record, and the writ petition is disposed of with the following directions: Respondent Nos. 5 and 7 are directed to take steps to provide admission to the petitioner in the MBA Programme in the next academic year, as undertaken by them in their respective counters, as noted above. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Date: 6th March, 2009 KSR