THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22036 of 2011 Date: 04.08.2011 Between: Miss Malepati Shivani Virajitha … Petitioner and The Government of Andhra Pradesh, Higher and Technical Education Department, Rep.by its Commissioner, Technical Education, Burgula Ramakrishnarao Bhavan, Tank Bund, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22036 of 2011 ORDER : Heard Sri Challa Gunaranjan, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Higher Education appearing for respondent No.1. 2. This writ petition has been filed to declare the action of respondent Nos.2 and 3 in not accepting the application of the petitioner, which was made beyond the deadline fixed for receiving the applications, for admission into Integrated First Year Degree Programme for the academic year 2011-12 in 2nd respondent- Birla Institute of Technology and Science (BITS) Pilani, Rajasthan, as arbitrary and illegal. 3. For admission into the course of Integrated First Year Degree Programme, a candidate should have passed the 12th examination of 10+2 system from a recognized Central or State Board or its equivalent with Physics, Chemistry and Mathematics and adequate proficiency in English, securing a minimum of aggregate of 80% marks in the subjects with atleast 60% marks in each of the Physics, Chemistry and Mathematics subjects. 4. The petitioner passed the Intermediate Examination conducted by the Board of Intermediate Education and secured 97.9% marks in aggregate. The petitioner also appeared for the Entrance Test for the said course and secured 231 marks, which is stated to be fixed as the cut off mark in the third round of counselling. The mechanism of admission into the said course prescribed by the 2nd respondent-Institute is as follows: “The mechanism of admission procedure: (i) Applying for admission: All candidates who have appeared in BITSAT-2011 and are interested in admission will be required to submit application forms with 12th marks and programme preferences before 30th June, 2011. All applications are to be filled Online. The filled forms are to be printed and should be posted along with the enclosures to reach the Institute before the deadline, which is 30th June, 2011.” 5. From a reading of the aforesaid procedure, it is evident that a candidate, who is aspiring for admission into the said course, is required to submit application forms both Online and also by submitting the printed forms so as to reach the Institute on or before 30.6.2011. It is specifically stated that the filled forms should not only be posted along with the enclosures, but the same also should reach the Institute before the deadline i.e., 30.6.2011. 6. In the instant case, the petitioner has submitted her application Onlilne on 27.6.2011 by paying the required application fee. So far as the printed form of application is concerned, it was posted on 28.6.2011 through courier service. The petitioner states that she has complied the formalities by dispatching the printed form of application on 28.6.2011 and thus, the petitioner met the deadline fixed for submission of the application. The petitioner further submits that in any event, if the printed application form is received beyond the deadline i.e., 30.6.2011, the same would be a mere irregularity and hence respondent Nos.2 and 3 cannot refuse to consider the application. Therefore, the petitioner made representations dated 16.7.2011 and 28.7.2011 to the respondents requesting to consider her application. Since no action has been taken by the respondents, the petitioner has approached this Court for the aforesaid relief. 7. As noted above, as per the admission mechanism, a candidate is required to submit the application both Online and also in printed forms before the deadline i.e., 30.6.2011. Indisputably, the petitioner’s application did not reach the Institute before the said date. Once the procedure is prescribed, fixing the time schedule for submission of applications, there does not appear to be any provision for extending the time or relaxing the said condition. Therefore, there is no obligation cast on respondent Nos.2 and 3 to consider the applications received beyond the said deadline. In the absence of any obligation in that regard, this Court cannot compel the respondent authorities to consider the application of the petitioner. 8. For the foregoing reasons, the writ petition is devoid of merits and is accordingly dismissed, at the admission stage. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 04.08.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22036 of 2011 04.08.2011 (Msr)