THE HONOURABLE SRI JUSTICE P.S.NARAYANA WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER, TWO THOUSAND AND NINE WRIT PETITION No. 19338 OF 2009 Between: Padamuthyayam Parimala …Petitioner A N D The Government of Andhra Pradesh, rep.by its Prl. Secretary, General Administration Department, Secretariat Buildings, Hyderabad and Others …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 19338 OF 2009 ORDER This Court issued Rule nisi on 22-9-2009. Though the matter is appearing under the caption for Interlocutory, inasmuch as the counter affidavit had been filed, the writ petition is being itself taken finally at the request of the counsel on record. 2. This writ petition is filed to issue a writ of mandamus declaring the action of the respondents in considering the students of Lingasamudram Mandal for admission into 6 years IIIT Course under Voletivaripalem Mandal quota as illegal, arbitrary, irrational and against to the norms of the Rajiv Gandhi University of Knowledge Technologies and consequently direct the respondents to consider the candidature of the petitioner from Voletivaripalem Mandal for admission into 6 years IIIT Course and pass such other suitable orders. 3. 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 the 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 University and its institutions are totally funded by the Government. The policy of the University is that there is 6 years integrated course in different Technologies and allied subjects. The basic qualification for admission into the course is pass in SCC (10th standard). The seats are distributed among three regions, among Districts and among mandals basing on census of 2001. The total seats for each institution are 2000 out of which 15% are meant for open competition, which includes urban merit students. In remaining 85% seats, which are meant for rural areas students on Mandal wise, the rule of reservation shall be followed. The best student is defined to be the top student in the Mandal is the criterion for admission into 6 years course of IIIT. 4. It is stated that the petitioner is the native of Voletivaripalem village and Mandal and the petitioner studied in Zilla Parishad High School in the same village upto 10th class. She appeared for SCC public examination held in the month of March/April, 2009 and obtained 485 marks out of 600 marks. The petitioner belongs to Scheduled Caste Category. She stood first in the 10th class examinations in the Mandal among S.C. Category. 5. It is also stated that the 3rd respondent University called for admissions for the academic year 2009-2010 from the meritorious students who appeared for SSC examination on the basis of each Mandal. The petitioner who appeared for SCC examination from their Mandal, made an application for consideration of admission into 6 years course vide application No. 105473. 6. It is further stated that the 10th Class Students of Z.P.High School, V.R. Kota of Lingasamudram Mandal of Prakasam District, were permitted to write examinations in the petitioner’s school, ie. Z.P. High School, Voletivaripalem village and Mandal, as their school has no facility to conduct Board Examinations. The respondent University directed the Department of School Education to propose the names of the meritorious students from each Mandal with the recommendation of the Mandal Educational Officer for admission into 6 years course. 7. It is also stated that the 3rd respondent University selected the candidates basing on their applications under Mandal reservation quota. The students who were selected from Voletivaripalem Mandal did not belong to Voletivaripalem Mandal and they studied in Z.P. High School,V.R.Kota, Lingasamudram Mandal. The Lingasamudram Mandal students got the chance of admission as meritorious students of Voletivaripalem Mandal, thereby the meritorious students of their Mandal are deprived of their opportunity of being selected. The 3rd respondent University without application of mind selected the other Mandal students from their Mandal quota is against to the norms of the University. The noble idea of giving opportunity to each Mandal in educating the rural students and upgrading their skills is completely defeated. 8. It is also stated that the Mandal Educational Officer of Voletivaripalem recommended the meritorious students of their Voletivaripalem Mandal to the Director of School Education to forward the same for consideration of the University to get their admission into 6 years IIIT Course. The students belonging to other mandal cannot be conferred any right or claim by virtue of writing examinations in their Mandal. The Head Masters of Z.P. High Schools in Voletivaripalem Mandal have submitted their report to the Director of School Education regarding the meritorious students of Voletivaripalem Mandal and how the students of Lingasamudram Mandal selected into the six years course under their mandal qauota. Out of 5 seats allotted to their Mandal, the Lingasamudram students got 3 seats, apart from their Mandal quota of 5 seats. The respondent University also short listed the candidates of other Mandal in the place of the students of their Mandal, i.e. Dappalampati Anusha, Kollipara Vinod and Mannam Mounika Preet of ZPHS, V.R. Kota of Lingasamudram Mandal. 9. A specific stand had been taken that the petitioner made representation to the respondent authorities bringing the above facts to their notice and to consider for selection of his daughter, who is meritorious students among SC category under their Mandal quota and the said representation is said to be pending and several other facts had been narrated in para 8 of the affidavit filed in support of the writ petition. 10. In the counter affidavit of the respondents 1 to 3 it is stated 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. 11. 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. 12. It is also stated that as per the information furnished by the District Information System for Education ( DISE), the writ petitioner ( Roll No. 16123702) belongs to SC category and studied in Z.P. High School, Volativaripalem, in Volativaripalem Mandal, Prakasham District under Rural area in Government Management school. 13. It is further stated that according to the admission procedure, petitioner can only be considered for admission in Rural seats. From Volativaripalem Mandal, Prakasham District, in Government Management under in SC Category last selected candidate has secured 85.8 percentage, whereas petitioner secured 80.8% only. Hence, the petitioner is not selected to the Respondent University. 14. It is also stated that the allegation of the petitioner that the other Mandal students are selected in petitioner Mandal is incorrect. According to the District Information System for Education ( DISE) information, compared students schools are also under petitioner mandal only. 15. As can be seen from the specific stand taken by the parties and also the contents of the representation, it is needless to say that this is disputed question of fact. However, in the light of the stand taken by the writ petitioner, let the respondents consider the case of the petitioner in accordance with the Rules and the Guidelines governing the field within a period of two weeks, at any rate preferably before the finalizaiton of the third phase of counselling. 16. 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. 19338 OF 2009 23rd September, 2009.