IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20417 of 2008 Between: K.Ashish, S/o. Mr.K.Suresh, R/o. H.No.1-8-66, Plot No.45, Jawahar Nagar Colony, P.G.Road, Secunderabad- 500 003 ..... PETITIONER AND 1 Vice Chancellor, Jawaharlal Nehru Technological Univeristy, Kukatpally, Hyderabad-500085 2 Principal Secretary, Government of Andhra Pradesh, Department of Higher Education, J. Block, 4th Floor, Secretariat, Hyderabad. 3 Principal, Malla Reddy Institute of Technology & Science Maisammaguda, Dhulapally, Secunderabad-500014 .....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 a Writ of Mandamus, or any other appropriate Writ, Order or direction, more particularly one in the nature of Writ of mandamus declaring the action of the Respondents as void in detaining the Petitioner by not implementing the G.O.No.152 dated 22/08/07 whereby the Petitioner is entitled to get 10 marks out of 100 marks in each subject and the act of the Respondents is arbitrary, illegal and quite contrary to Law and consequently direct the Respondents to promote the Petitioner to 3rd year B.tech Course and pass Counsel for the Petitioner: MR.N.B.SUDARSHAN Counsel for the Respondent No.: MR.K.RATHANGA PANI REDDY The Court made the following : O R D E R: This Writ Petition has been ﬁled by K.Ashish assailing the action of the respondents in not extending the beneﬁt of G.O.Ms.No.152, dated 22.8.2007 so as to enable him to get promotion to 1st semester of III year from II year Engineering course (Computer Science). Various other details have been mentioned in the writ aﬃdavit, which are not required to be noted. When the writ petition came up for admission on 19.9.2008 K.Rathangapani Reddy, learned Standing Counsel appearing for JNTU received notice on behalf of 1st respondent. An interim order came to be passed on 23.9.2008 in W.P.M.P.No.26667 of 2008, which reads as under: “ Counter aﬃdavit not ﬁled. Petitioner is permitted to make a representation to the Registrar of JNTU, Kukatpally, Hyderabad and to the Director of Evaluation/Controller of Examinations, JNTU, Kukatpally, Hyderabad, enclosing the proceedings of the Registrar, JNTU, vide Proc.No.A1/Academic Reg./2008, dated 25.8.2008, seeking reduction of 10 % pass marks in each subject and thereupon the concerned authorities shall pass appropriate orders within two weeks.” Pursuant to the interim order, 1st respondent considered the case of the petitioner and communicated him that the total credits he secured are only 52, whereas minimum credits required for promotion to 1st semester of III year are 56. The communication sent to the candidate reads as under: “As per the marks memos of the candidate, he secured 52 credits considering pass marks in each subject as 40 initially. Taking the Procs.1622 of 2006 into consideration, the pass marks in each subject are to be reduced by 10% i.e. 10% of 40=4 marks. With the change in pass marks from 40 to 36, the credit position remains unchanged, as the candidate did not secure more than 36 in any failed subject. As such by eﬀecting the Procs.1622 of 2006. The credits obtained by the candidate are same 52 while the required credits to get promoted to third year I sem are 56.” When this Writ Petition came up for admission hearing, with the consent of learned counsel appearing for the parties, it is taken up for final disposal. Heard learned counsel appearing for the petitioner and learned Standing Counsel for JNTU. Learned counsel appearing for the petitioner submits that the petitioner is a visually handicapped person and he is entitled for the beneﬁt of G.O.Ms.No.152, dated 22.8.2007 with regard to certain concessions and if the concessions are given, the petitioner is eligible for promotion from II year to Ist semester of III year. By referring the said G.O. the learned counsel contends that in each subject the petitioner has to secure only 30 marks to be declared as pass. It is contended by learned Standing Counsel appearing for the respondent-JNTU that the concession the petitioner is entitled to is 4 marks since the minimum pass marks is 40 and concession allowed is 10% under the said Government Order i.e 4 marks. The question that calls for consideration is - as to how many marks the petitioner is entitled as reduction to get pass marks in each subject. Indisputably the pass marks in each subject is 40 marks. If concession of 10% is given the petitioner has to secure 36 marks. By calculating the pass marks of 36, the total credits the petitioner got, as per the communication sent to him, is 52. The petitioner has to secure 56 credits even if the concession is given to become eligible from promotion to II year to 1st semester of III year engineering course. The communication sent to the petitioner is in accordance with the said Government Order No.152, dated 22.8.2007. In that view of the matter, this writ petition is devoid of merits and it is hereby dismissed. NO costs 17th October, 2008. (B.Seshasayana Reddy,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.NO.20417 OF 2008 17T H OCTOBER, 2008.