THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.15981 of 2010 Dated:07th July, 2010 Between: M.Naveen Kumar & Ors. ….Petitioners and 1. Government of A.P., rep. by its Principal Secretary, Department of Higher Education, Hyderabad & Ors. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.15981 of 2010 ORDER: This Writ Petition has been filed by the petitioners, who are three in number, with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents 1 to 4 in general and 1st respondent in particular, in not exempting the petitioners from securing minimum 50% of the marks in the qualifying examination, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. 2. This is the second round of journey to this Court by the petitioners. The petitioners earlier filed W.P.No.3097 of 2010 assailing the action of the A.P. State Council of Higher Education in not approving their admissions in the respective engineering colleges. The said writ petition along with other batch of writ petitions came to be dismissed by a common order dated 31.03.2010. The relevant portion of the common order reads as hereunder: “Coming to the contentions raised in Writ Petition No.3907 of 2010, I have not felt convinced with the contention of the learned counsel for the petitioner. In the marks memorandum issued by the Osmania University, it is clearly stated that the Indian Heritage and Culture and Science and Civilization marks are not included in the Part-II aggregate and division. The respondent has furnished the details of percentage of marks of the petitioner by taking into consideration three different scenarios, viz., aggregate percentage of marks in Part-I and Part-II; percentage of marks in Group subjects (Part-II); and percentage of marks, including the above mentioned three subjects i.e, Indian Heritage and Culture, Science and Civilization and Environmental Studies. If the percentage of marks in the above three subjects are excluded, the petitioner will fall short of the required 50% of the aggregate marks and also 50% marks in group subjects as he is shown to have got only 49.1% and 49.2% respectively. As the University has itself specified that the above mentioned three subjects are not included in Part-II, both for the purpose of aggregate and awarding Division, the respondent is justified in not including those marks either for computing the aggregate percentage or the group marks. For the above mentioned reasons, I do not find any merit in these Writ Petitions and they are accordingly dismissed. Respondents 1 and 2 are directed to initiate appropriate action against the erring colleges for blatant violation of the Admission Rules and playing with the careers of the students.” The petitioners herein and others challenged the above said common order by filing Writ Appeal Nos.255, 276, 336, 422 and 430 of 2010. The Writ Appeals came to be dismissed by a common judgment dated 25.06.2010 confirming the common order passed by the leaned Single Judge of this Court in W.P.No.5925 of 2010 and batch. However, liberty has been given to the petitioners to approach the Government through the State Council for necessary relaxation of 50% rule. 3. Heard learned counsel appearing for the petitioners and learned Government Pleader for Higher Education appearing for the 1st respondent; Sri Deepak Bhattacharjee, learned Standing Counsel for Osmania University appearing for the 2nd respondent; and Sri C.Sudesh Anand, learned counsel appearing for the 4th respondent. 4. It appears the petitioners submitted representations to the 1st respondent seeking relaxation of 50% rule. Their representations are stated to be pending. 5. In that view of the matter, the Writ Petition is disposed of at the admission stage directing the respondents 1 to 4 to consider the representations submitted by the petitioners and dispose of the same as expeditiously as possible, preferably within four weeks. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:07th July, 2010. Note: Issue C.C. within two days. B/O cs URGENT THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.15981 2010 Dated:07th July, 2010