THE HONOURABLE SRI JUSTICE P.S.NARAYANA WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER, TWO THOUSAND AND NINE WRIT PETITION No. 19259 OF 2009 Between: Malisetty Mary Prasanna …Petitioner A N D The Government of Andhra Pradesh, Department of Higher Education, rep.byits Secretary Secretariat Buildings, Hyderabad and Others …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 19259 OF 2009 ORDER Heard Sri Gade Venkatewara Rao, learned counsel representing the writ petitioner and the learned Additional Advocate General representing respondents. 2. This Court issued Rule nisi on 22-9-2009. Though the matter is appearing under the caption for Interlocutory, inasmuch as the counter affidavit and the reply affidavit also had been filed, the writ petition is being itself taken finally at the request of the counsel on record. 3. This writ petition is filed to issue a writ of mandamus declaring the selection 2009 for admission into the IIITs of the Rajiv Gandhi University of Knowledge Technologies, APSCHL Building, JNTU Campus, Masab Tank, Hyderabad so far as Nellore District in OC category as illegal and void and consequently to conduct the selection according to merit and allot the seat to the petitioner forthwith and pass such other suitable orders. 4. The father and the natural guardian of the petitioner has sworn to the affidavit filed in support of the writ petition. It is stated that his daughter studied in Government ZPP High School, Jaladanki village and Manda, Nellore District as regular student. The petitioner has passed SSC course in first division with 539 marks equivalent to 89.8%. The Hall Ticket No. is 17118160. The petitioner had applied for admission into six years integrated Pre-University and Under graduate course at the three IIITs for 2009 under the Rajiv Gandhi University of Knowledge Technologies in OC Category. The petitioner’s name is shown as 3rd selected candidate in the selected candidates list of Jaladanki Mandal, Nellore District. Subsequently, the petitioner’s name is also place in the Master Application list and she was given a rank of 11764. 5. It is also stated that the respondents herein have published results 2009 Nellore for Government Management, but the name of the petitioner is not found in the said final selection list. On verification from the final selection list of Nellore District, it is noticed that the 7 candidates are selected, who got less marks and percentages as well as higher ranks than the petitioner in the same category of OC in Nellore District as details given below:- Sl.No. H.T.No. Name of the candidate Percentage Rank Mandal 88 17118660 Vasipallin 89.7 12271 Atmakur 94 17115170 Pabbisetti 89.3 13352 Dagadarthi 110 17118285 Kkuru Mani 88.8 14714 Kaligiri 124 17126216 Gittappagar 88.0 17239 Chillakur 127 17116622 Umma- neni Ve 87.8 17766 Kavali RUR 133 17134399 Myla Keerth 87.0 19980 Podalakur 141 17136102 Gajara Divy 86.5 21636 Rapur 6. It is also stated that Government of Andhra Pradesh has established Rajiv Gandhi University of Knowledge Technologies (RGUKT) in 2008 to cater to the educational needs of the meritorious rural youth of Andhra Pradesh. Three IIITs (International Institute of Information Technologies) are established under the said University; one at Basara ( Adilabad), one at Nuzivedu (Krishna), one at Rajiv Knowledge Valley (Kadapa). The total intake of the students from Andhra Pradesh is 6000 at the rate of 2000 in each institution for year. As per admission procedure the seats are distributed among various Districts based on 2001 census population. The District wise rural seats are allotted. The District wise seats are further divided among the Mandals according to the rural population of the Mandal. Then the fractional seats are rounded to the first decimal. The integer seats are assigned to each category by final adjustment. The seats available to a Mandal are allocated to OC, BC, SC and ST according to reservation norms and fractional seats are rounded up or down to assign integer number of seats to each category. Usually the fractional seats in each Mandal are too small for unique assignment. In such cases allocation is made on a District wide basis, where the best students within a district in each reservation category are selected to fill the seats available. The total number of rural seats allotted to Nellore District are 201 out of which 89 seats are allotted to OC category. 7. It is also stated that there are 46 mandals in Nellore District, for which 89 rural seats are allotted. As the fractional seats in each Mandal are too small for unique assignment, the allocation will be made on a District wise basis. Even then, the petitioner is entitled a seat as per her marks, but surprisingly, name is not shown in the final result list 2009 for the reasons best known to the respondents herein. The action of the respondents in not allotting a seat to the petitioner in the respondent’s University is discrimination and biased apart from violative of Article 14 and 16 of the Constitution of India and as such the selection 2009 for allotment of seats in the respondents institution has to be declared as illegal and allot the seat to the petitioner as per her merit above the less merit candidates as shown supra. In such circumstances, the writ petition had been filed. 8. Counter affidavit in detail had been filed and a reply affidavit had also been filed. 9. In the reply affidavit certain additional facts had been raised. In the counter affidavit it is stated that that Rajiv Gandhi University of Knowledge Technologies has been established through Act 18 of 2008 which came into force on 28-4-2008, under Section 5 of the Act, there shall be an apex body for all governance of the constituent institutes established under Section 3 i.e., Governing Council. The Governing Council shall be responsible for the general superintendence accreditation, direction and policies of all the constituent institutes. The powers of Governing Council are enumerated in section 5(2). As per section 5(2) (v), the Governing Council has the power to determine standards and procedures for admission into the constituent institutes which may include examination, evaluation or any other method of testing. Under Section 5(2) (ix), the Governing Council has the power to review, from time to time, the board policies and programs. Under Section 5(2) (xii) the governing council shall do all such other acts and things as be necessary, incidental or conductive to the attainment of all or any of the objects of the University. The main object of the University is to primarily cater to the educational needs of the meritorious rural youth of Andhra Pradesh. 10. It is further stated that three constituent Institutes have been established – one at Basara in Adilabad District, second at Nuzvid in Krishna Districtand the third at Rajiv Knowledge Valley (Idupulapaya) in Kadapa District. An integrated course of six years has been commenced in the above three institutions during the academic year 2008-09. The Government of India, Ministry of Home Affairs declared the Rajiv Gandhi University of Knowledge Technologies as a State wide University vide order dated 27-8-2009. 11. It is further stated that as per the information furnished by the District Information System for Education (DISE),the writ petitioner ( Roll No. 17118160) belongs to OC Category and studied in Z.P.P.High School, Jaladanki, in Jaladanki Mandal, Nellore District under Rural area in Government school. 12. It is also stated that according to the admission procedure, petitioner can only be considered for admission in Rural seats. From Jaladanki Mandal in Nellore District, in Government Management under in OC Category last selected candidate has 91.7%, whereas petitioner secured 89.8% only. Hence, the petitioner was not selected to the Respondent University. Nodoubt certain further objections had also been taken relating to non-impleading of the parties. 13. Reply affidavit in detailed had been filed. It is stated that as per the rules of the respondent University, there are 6000 total seats in the entire State. Out of total seats, 900 seats were allotted for urban as well as 5100 seats were allotted for rural to all Districts in the entire State. All the 5100 seats were distributed among all the Districts in the entire State on the basis of its population. Accordingly, the Nellore District was allotted 201 seats for rural. The said 201 seats were distributed according to reservation for each category in the District. Accordingly, 89 seats were allotted to OC Category for Government, private and Residential students in Nellore District. Upto this stage there is no ambiguity. From this stage, there is ambiguity in the selection process as stated below:- 14. Further it is stated that District wise seats are further divided among the Mandals according to the rural population of the Mandal. Then the fractional seats are rounded to the first decimal. The integer seats are assigned to each category by final adjustment. The seats available to a Mandal are allocated to OC,BC, SC, and ST. According to reservation norms and fractional seats are rounded up or down to assign integer number of seats to each category. Usually the fractional seats in each Mandal are too small for unique assignment. In such cases allocation is made on a District wide basis, where the best students within a district in each reservation category are selected to fill the seats available. 15. It is further stated that there are 46 mandals in Nellore District. So, the said 89 seats again to be distributed among the Government, Private and Residential Schools students at ratio of 70%, 20% and 10% respectively. Out of 89 seats the Government schools students will get 62.3 seats rounded up to 62 seats. The said 62 seats again to be distributed among 46 Mandals and as such each mandal will get one seat. Accordingly, 46 seats would be allotted all the 46 mandals without any fraction. So, thereafter 16 seats are remained for distribution among 46 mandals. The said balance of 16 seats should not be distributed among 46 mandals without fractions. Hence, the said available16 seats should be filled up on the District wise basis among the best students in OC category only. Then only the last student percentage can be determined in OC category in Mandal and District. 16. It is further stated that without clarifying their selection process and contrary to their rules published the final list, filed the counter simply mentioning that from Jaladanki Mandal in Nellore District, in Government Management under in OC category last selected candidate has 91.7 percentage, whereas petitioner secured 89.8% only. Hence, the petitioner was not selected to the respondent university and the same is hereby denied. The respondents have to clarify their selection and declare last selected candidate percentage in the Mandal as well as District wise basis for the fractional seats filled among the best students in District. 17. It is further stated that already the seats are allotted to all reservation categories in the District among the seats allotted to such District. Hence, the reservation category students should not be selected in the OC category allotted seats. But contrary to that, the respondents have selected reservation candidates in 89 OC category seats even though they got less marks and less percentage as well as higher ranks than the petitioner in the Nellore District as details given below: Sl.No. H.T.No. Name of the candidate Percentage Rank Mandal 89 17119644 Navaz Shaik 89.7 12303 Ananthasa 90 17129581 Mohankumar 89.5 12940 Venkatagir 91 17122370 Ravi Yakasi 89.5 13031 Duthalur 115 17108955 Rajesh Pall 88.7 15107 T.P.Gudur 120 17132387 Khaleel Sha 88.3 16142 Kota 142 17110350 Maruboyina 86.5 21698 Muthukur 170 17128637 Dara Polamm 79.0 32594 Balayapall 18. It is further stated that reservation students in OC category in District is contrary to the rules inexistence of the University of the respondents as the said reservation students are specifically allotted the seats in the District as per table in prospectus. If the reservation category student is selected such reservation category candidates should got more marks or equal marks like last candidate in O.C. category in the District, but the above mentioned reservation category candidates got less marks and percentage as well as higher ranks than the petitioner and as such the petitioner is entitled to a seat in balance fractional OC category seats of Nellore District, since she got more marks. Further the other averments also had been denied in para 7. 19. In the light of the nature of objections which had been raised both in the affidavit filed in support of the writ petition and also in the reply affidavit, this Court is of the considered opinion that this is a case where the case of the petitioner to be reconsidered and this Court does hope in the light of the objections raised, let the respondents reconsider the case of the petitioner in accordance with the Rules and Guidelines governing the field within a period of two weeks, at any rate preferably before the finalization of the third phase of counselling. 20. The writ petition is disposed of accordingly. No order as to costs. ______________________ Justice P.S. Narayana 23rd September, 2009. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 19259 OF 2009 23rd September, 2009.