IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12667 of 2008 Between: Thota Susmitha, D/o. Venkata Nageswara Rao, R/o. Kuchipudi village, Movva mandal, Krishna District, [Being Minor represented by her father Thota Venkata Nageswara Rao] ..... PETITIONER AND 1 The Rajeev Gandhi University of Knowledge Technologies, Rajeev Knowledge Vallie, Kadapa District. Administrative Office:Near Hitech City, Gachibowli, Hyderabad. 2 A.P. Board of Secondary Educatin, Chapal Road, Abids, Hyderabad. rep by its Secretary 3 The Mandal Parishad Development Officer, Movva Mandal, Krishna District. 4 Nalluri Lavanya, D/o. Nancharaiah, R/o. Goginenipalem Village, Ghantasala Mandal, Krishna District, [Being Minoe rep by her father Sri Nalluri Nancharaiah] 5 Yenduri Siva Naga Parvathi, D/o. Lakshminarayana, R/o. Kodali Village, Ghantasala Mandal, Krishna District, [Being Minoe rep by her father Sri Yenduri Lakshmi- narayana] .....RESPONDENT(S) 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent 1 and 2 in considering the students of Ghantasala Mandal, Krishna District as the students of Movva Mandal, Krishna District under O.C. Girl category for admission into 6 years course of I.I.I.T. as illegal and arbitrary and consequently direct the respondents 1 and 2 to select the petitioner for admission into 6 years Course of I.I.I.T., and to pass Counsel for the Petitioner:MR.VENKATESWARLU POSANI Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12667 OF 2008 ORDER: 1. This writ petition has been ﬁled by Thota Susmitha with a prayer to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents 1 and 2 in considering the students of Ghantasala Mandal, Krishna District as the students of Movva Mandal, Krishna District under O.C. (Women) category for admission in to six years course of IIIT as illegal and arbitrary. 2. Thota Venkata Nageswara Rao, the father of the petitioner has sworn to the aﬃdavit ﬁled in support fo the writ petition. The writ affidavit in brief is:- The Government of Andhra Pradesh established 1st respondent University to provide education to the gifted students of rural Mandals in Andhra Pradesh. As per the policy of the University, 6 years integrated course in Technologies and other subjects shall be imparted to students of 10+2 standard. The basic qualiﬁcation for admission into course is pass in S.S.C. (10 th standard) in a single attempt. As per the admission policy announced by the university, the selection of the best student is based on the principle of grading-on-the- curve. The best student is deﬁned to be the top student in more subjects then his/her classmates in the same school. The mandal is the criteria for selecting the merit students for admission into 6 years course of IIIT. Total 279 seats including 151 in open category are allotted to Krishna District. 6 seats including reserved categories excluding open merit of 15% are allotted to Movva mandal in Krishna District. IN respect of Movva mandal, three seats are allotted under O.C. category including reserve seats for women. The petitioner studied in Holy Spirit ( EM) School, Kuchipudi, Movva Mandal, Krishna District and secured 567 marks and she stood as topper in the Movva mandal. Respondents 4 and 5 studied in other than Movva mandal. The schools where they studied came under Gantasala Mandal. The 1st respondent University considered the respondents 4 and 5 as if they studied in Movva Mandal and thereby the petitioner lost the opportunity to secure admission in IIIT course. The irregularity committed by the 1st respondent needs to be rectified. Hence, the writ petition with a prayer stated supra. 3. Rule nisi came to be issued on 19-6-2008. An interim direction also came to be issued in W.P.M.P.No. 16341 of 2008 to the 1st respondent to consider the representation of the petitioner and communicate the decision thereon to the petitioner. Pursuant to the interim direction, the 1st respondent University considered the representation and communicated the decision to the petitioner. In the decision communicated to the petitioner, the grading score points secured the petitioner have been compared with that of Yenduri Siva Naga Parvathi (R-5), Nalluri Lavanya (R-4)and one Ddhunukonda Leela Prasad. 4. Respondents 1 to 3 ﬁled common counter in W.P.Nos. 12697 of 2008 and batch. K.C. Reddy has sworn to the counter affidavit. The procedure adopted by the 1st respondent University for selection of candidates for admission into IIIT course has been detailed in the counter affidavit. 5. When the writ petition came up for hearing, the learned Advocate General appearing on behalf of the respondents No. 1 to 3 submits that the case of the petitioner would be considered dehorse the admission given to respondents 4 and 5 in case the petitioner studied in the school situated in Movva mandal and the schools where respondents 4 and 5 studied do not come under Movva mandal and the petitioner denied the seat only on the ground taking into consideration that the schools where respondents 4 and 5 studied come under Movva mandal. 6. In view of the submissions made by the learned Advocate General, the writ petition is disposed of directing the 1st respondent to examine whether the schools where the respondents 4 and 5 studied come within Movva Mandal and in case their schools do not come under Movva mandal, consider the case of the petitioner, if she is the best student in Movva Mandal and allot seat to her in IIIT course. ______________________________ Justice B. Seshasayana Reddy 27th August, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12667 OF 2008 27th August, 2008.