THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.21583 of 2009 DATED:12.10.2009 Between: Kum.Nandipati Vijaya. …Petitioner And The Govt.of A.P, Rep.by its Secretary, Department of Higher Education, Secretariat, Hyderabad, And others. …Respondents. THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.21583 of 2009 ORDER: The petitioner is a minor passed S.S.C (10th class examination) with a first class with aggregate of 89.5%. She studied in Z.P.P.High School, Veliminedu Village, Chityal Mandal in Nalgonda District. She applied for admission to six year integrated course at the Andhra Pradesh International Institute of Information Technologies under the second respondent. She was not selected. She contends that one Venkatesham who got less number of marks was selected, which is arbitrary and illegal. Therefore, she filed the instant Writ Petition seeking a writ of mandamus directing the respondents to allot one seat to her under O.C category in Nalgonda District. This Court on 09.10.2009 directed the learned Government Pleader for GAD appearing for the second respondent University to get instructions in the matter. He obtained instructions and argued the matter. Second respondent published selected candidates list on 03.08.2009 on its website. The petitioner with 89.5% was selected as one of the candidates (SC) for admission to APIIIT. There was yet another Master Applications List published by the second respondent and even in this list Venkatesham as well as the petitioner were shown as selected candidates. However, in the final list, Venkatesham was shown as selected candidate, and the petitioner was not allotted any seat. The learned Counsel for the petitioner submits that the petitioner ought to have been selected as one of the candidates under the SC category. Per contra, learned Government Pleader relies on Rule 3 of the Admission Procedure Rules and submits that as the petitioner and Venkatesham secured equal number of marks (89.5%) in the 10th class the marks in English and Mathematics were considered and as Venkatesham got more marks he was selected. Rule 3 of the Admission Procedure Rules reads as under. The selection of students will be based on percentage of marks rounded to one decimal among the students taking S.S.C or equivalent 10th class examination. a) In case of a tie, marks in English and Mathematics are used sequentially to select the person with better performance. In the case of further tie, age is used in tiebreak with the person who is older getting selected. As per the record placed before the Court, Venkatesham secured 89 marks in English and 94 marks in Mathematics, whereas the petitioner secured 88 marks in English and 90 marks in Mathematics. As both of them got equal marks of 89.5% in 10th class and Venkatesham scored better marks in English and Mathematics, selection was given to him. Therefore, there is no illegality or infirmity in the selection of candidates. The Writ Petition is devoid of any merits, and the same is accordingly dismissed. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 12.10.2009 vs