THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.19602 of 2009 Date:23.09.2009 Between: B.Laxmi Shyamala, Ramachnadrapuram Mandal, Medak District. ………Petitioner And Chairman, A.P.State Council for Higher Education (APSCHE) and i/c Vice-Chancellor, Rajiv Gandhi University of Knowledge (Technologies) (RGUKT), APSCHE Building, JNTU Campus,Hyderabad and others. ………Respondent THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.19602 of 2009 ORDER: 1. Heard Sri Adam, learned counsel representing the writ petitioner and the learned Government Pleader for General Administration Department representing the respondents. 2. The writ petition is filed praying to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in deleting the name of the petitioner from the final selection of APIIIT dated 10.9.2009 by converting the earlier Master Application list dated 13.8.2009 wherein the name of the petitioner is shown at Sl.No.17 in Rural Category and in to Urban Category Master Application List dated 5.9.2009 wherein the name of the petitioner is shown at Sl.No.62 as being illegal, arbitrary, unjust and in utter violation of the principles of natural justice, and consequently direct the respondents to admit the petitioner herein into APIIIT course in pursuance of the Master List applications dated 13.8.2009. 3. It is stated that B.Laxmi Shyamala, the daughter of D.Ramesh, who had sworn the affidavit filed in support of the writ petition studied up to 10th class in Zilla Parishad High School, BHEL Township, Ramachandrapuram, Ramachandrapuram Mandal, Medak District, and passed SSC examination in 2009 in one attempt with 90.5% marks. In the middle of June, 2009 the petitioner and her father were called to school by the Head Mistress of the school and were informed that Rajiv Gandhi University of Knowledge Technologies (RGUKT) short listed his daughter along with 10 other students of Ramachandrapuram Mandal who passed their SSC examination this year and inviting applications from them for admission into their International Institute of Information Technology (IIIT). They were told that application forms and the list of short listed candidates sent from the University have been received by the school through MEO, Ramachandrapuram Mandal. They were given application form, free of costs, along with prospectus brochure of the University. On their request, a copy of the list of short listed candidates from Ramachandrapuram Mandal, which was displayed on school’s notice board, was given to them. The same is enclosed as Document No.1. As per this list, his daughter, B.Lakshmi Shyamala, SSC Hall Ticket/Roll No.28106082, is topper among the short listed candidates from all Zilla Parishad Schools of Ramanchanhdapuram Mandal, with 90.5% marks and next in the list in the same category are with 88.2%, 86%, 81.5% marks and she has been categorized under R (Rural), Government School, O.C. 4. It is further stated that on enquiry, they came to know that three students from the same school where his daughter studied, were selected for admission into the University earlier year and two of them were admitted into the University and are perusing their first year course. 5. Further, it is carefully discussed with the learned people, the prospectus, and noted the following important aspects of eligibility, selection criteria and procedure for admission that were published in Document No.12. i. The Government of A.P has established RGUKT in the year 2008 to cater to the educational needs of the meritorious rural youth of A.P IIITS are established under RGUKT. The intake of each is 2000 per year. Over 6000 students have been already admitted into the three IIITs in the 2008 academic year and are now in the first year of the integrated 6 years program. ii. Allotment of Seats: 6000 students will be admitted in 2009 academic year. a) 5% of total 6000 seats, i.e., 300 seats are reserved for Physically Handicapped (3%) and for Children of Armed Forces (2%) at State Level. b) 15% of balance 5700 seats, i.e., 855 seats are allotted under State Wide Merit and all the students attending any school in Andhra Pradesh State are eligible for these seats. 50% of these seats are reserved for SC/ST/BC category candidates with balance 50% for OC category. c) 85% of 5700 seats, i.e., 4845 seats are allotted only for the students attending schools in Rural Mandals, A.P., which are as defined by the Department of Education, Government of Andhra Pradesh. 50% of these seats are reserved for SC/ST/BC and balance 50% for OC category students. d) Procedure for allocation of Rural Seats: a) All the rural seats are allocated to the three regions of the State, 42% to Coastal Andhra, 36% Telangana and 22% to Rayalaseema. b) The rural seats of each region are distributed among various districts based on 2001 census population. (They noted from the table of allocation of rural seats, district wise, that Medak District has been allocated 184 seats, while Hyderabad District, though has much higher population than Medak District, has not been allotted any seat, as entire population of Hyderabad District is urban. They inferred from the date published in the brochure that ‘2001 census population’ means ‘Rural Population as per 2001 census’) c) The District Wise seats are further divided among the Mandals according to the rural population of the Mandal. (They noted that Mandal wise allocation of seats has not been given in the brochure. However, as per their information, 3 students who studied in ZPHS, BHEL Township, Ramachandrapuram, a Government School of Ramachandrapuram Mandal, Medak District were selected in last year 2008, for admission in RGUKT. They inferred, Government schools of Ramachnadrapuram Mandal will be allotted at least 3 seats.) d) The seats within the Mandal are further allocated to various categories of Schools – 70% to Government Schools, 20% Private Schools and 10% Residential Schools. e) Eligibility and Selection Criteria for Admission: a. Applicant should have passed Secondary School Certificate (10th Standard) or equivalent Examination in first attempt in that academic year from the State of A.P. b. There will be no entrance examination and admission will be strictly based on student performance in the SSC or other equivalent Board Examinations. The seats will be allocated based on Mandal Best criteria. Further, it is averred that having satisfied themselves that his daughter meets the eligibility criteria of RGUKT and being the Mandal Best among Government Schools and as Ramachandrapuram Mandal is a Rural Mandal as per RGUKT’s list of short-listed candidates (Document No.1), she was confident of getting selected even if only one seat is allotted to Ramachandrapuram Mandal under Government category. His daughter submitted the application for admission into RGUKT (Application No.117490) through MEO, Ramachandrapuram Mandal, and the same was received by RGUKT. 6. It is further averred that later in the month of July, RGUKT published the list of short listed on their official web site www.rgukt.in. A copy of the same is enclosed as Document No.2. As per the list, 10 candidates were short-listed. B. Laxmi Shyamala with Hall Ticket No.28106082 is one of the 10 candidates. The category of her candidature has been published as ‘R’ (Rural), OC, GOVT (Government School). As per the list, she is the Mandal Best among Government Schools category with 90.5% marks and next in the category are with 88.2%, 86%, and 81.5% marks. 7. It is also stated that the list of selected candidates was published on 02/08/2009 on the University’s official website www.rgukt.in. As per the list, B. Laxmi Shyamala with Roll No.28106082 has been selected for admission into RGUKT for 2009. A copy of the list is enclosed as Document No.3. As per this list, 3 candidates (2 from Govt Schools, 1 from PVT school) have been selected from Ramachandrapuram Mandal, Medak District. B.Laxmi Shyamala’s candidature has been categorized in the list as ‘R’ (Rural Mandal) Govt (Government School), OC (Open Category). The same list confirmed that she has been selected under Rural category seat ‘R’ – not under 15% State Wide Merit Category – (T-Merit/Rural). (Even Rural category candidate can get selected for 15% merit seats if the candidate’s percentage of marks is high enough to get selected there). 8. It is further stated that the University further published on 06/08/2009, ‘Received Application List’ and a copy of the same for Ramachandrapuram Mandal, Medak District is enclosed as Document No.4. As per this list, B.Laxmi Shyamala, Roll.No.28106082 (Sl.No.39 in the list) is ‘R’ (Rural) category candidate and she is the Mandal Best in ‘GOVT’ category schools with 90.5% marks. 9. It is also further stated that the University published on 13/08/2009 ‘Master Applications List’ and a copy of the same for entire MEDAK District, ‘GOVT’ schools, ‘OC’ category is enclosed as Document No.5, as per which, she (Sl.No.17 in the list) belongs to ‘R’ Rural category and stands 17th in the District in the order of highest percentage of marks in SSC examination. 10. It is also further stated that subsequent to the above, RGUKT published on September 1, “Master List of Applications (revised)” and “Admissions 2009-Selected Candidates List”. The candidature of B.Laxmi Shyamala has been revised without any notice, to ‘U’ (Urban) Category from earlier category of ‘R’ (Rural) and her name, which was figuring in the selected candidates list on their web site till that date, has been deleted from ‘Admissions 2009-Selected Candidates List on their web site with effect from that date. A copy of “Master List of Applications” printed from the official website of the University is submitted as Document No.6. 11. It is also stated that aggrieved by the arbitrary decision of the University in deleting the name of B.Laxmi Shyamala from the list of selected candidates, he has submitted to the Dean (Respondent No.2), personally a representation on September 7, 2009, which was acknowledged under grievance No.079050. The Dean informed verbally, that ZPHS, BHEL Township, Ramachandrapuram Mandal, Medak District has been categorized by Directorate of School Education, Government of Andrha Pradesh as Urban School and therefore, his daughter is not eligible for Rural Category of seat. He has shown to the Dean then and there on her computer that as per their official website ZPHS BHEL Townhsip, Ramadchandrapuram’s category is ‘R’ (Rural) and a copy of the print of the same taken on that day was enclosed to the representation. Copy of the same is enclosed as Document No.7. The Andhra Pradesh School’s List which was available on the official website was deleted from the website w.e.f the next day and this was brought to the notice of the Dean. 12. Later, on the same day, on 7.9.2009, he submitted personally a representation to Chairman, Andhra Pradesh Council for Higher Education (APCHE), who is also the In- charge Vice Chairman of RGUKT (Respondent 1), and he agreed to arrange reply next day. He also submitted (through e-mail) a representation to Secretary, Education, Govt of A.P. for their kind intervention in the matter and suitable instructions for restoring his daughter’s name in the list of selected candidates. The three representations have been enclosed as Document Nos.8, 9 and 10. 13. It is also stated that the Secretary, Education, Government of Andhra Pradesh in response to his representation for Government intervention sent to him through e-mail account of good samartan, advised them on 9.9.2009, through e-mail, to contact RGUKT (Document N.10). Accordingly, he has gone to the authorities of RGUKT, who informed verbally that they are following the list of schools, categorized into ‘R’ (Rural) and ‘U’ (Urban), given by the Directorate of School Education for considering the category of a candidate. As per them, if a student has studied from a school categorized in that list as ‘R’ then only he/she will be considered as a ‘R’ (Rural) candidate and will be eligible for Rural Category of seats in RGUKT. As per them, the list given by the Directorate of School Education categorized ZPHS, BHEL Township, Ramachandapuram, where his daughter studied, has as ‘U’ (Urban) and hence she cannot be considered for Rural category of seats. Even though he pleaded for a written communication in this regard, they refused to give it. 14. Further, it is stated that as per Admission Procedure of RGUKT (2b), (Document No.11), Rural Seats are allotted only for the students attending schools in Rural Mandals of A.P., and the seats will be allocated based on the Mandal Best Criteria. i. The basis of allotment of seats among different districts and their further distribution among mandals within the district is based on the strength of rural population as per 2001 census. For example, Hyderabad District, which has no rural population as per 2001 census, has been allotted “zero” seats and therefore none of the mandals of Hyderabad District is rural mandal. Thus, rural mandal is that mandal which has been allotted at least one rural seat in line with the above. ii. The authorities have misinterpreted the group of words “students attending schools in Rural Mandals” as “Students attending Rural Schools in Mandals” and erroneously made his daughter ineligible for Rural category of seats, though his daughter is the Mandal Best for getting selected into Government Schools Category under ‘R’ (Rural) category seats allotted for Ramachandrapuram. iii. Subsequent to above misinterpretation, the authorities have eliminated the students who attended the schools located in urban areas of Ramachandrapuram Mandal and considered only the students who attended the schools located in rural areas of that mandal for selection of seats under (R) Rural Category. This is a serious deviation from published admission procedure of RGUKT, as all the students attending the schools in the mandal are not considered for selection, thus depriving many meritorious students of the mandal. In this process, the authorities have selected only the best of rural schools of the mandal and not the “Mandal Best”. Thus, not selecting the mandal best is also another serious deviation from published admission procedure. Though his daughter is the Mandal Best among Government Schools, she has been eliminated from the list of selected candidate dated 2.8.2009 (Document No.3) and was not included in the latest list of selected candidates dated 10.9.2009. This list is submitted as Document No.12. iv. As per the latest list of selected candidates into RGUKT, dated 10.9.2009, one candidate with Hall Ticket No.28106511 from ZPHS School from Ramachandrapuram Mandal has been selected for admission (Sl.No.151 in Document No.12) for OC/GOVT/R (Rural) category seat. The percentage of marks obtained by the candidate as per the same list is 81.5 (the last of the 10 short-listed candidate) and whereas his daughter’s marks as per latest RGUKT’s Master List of Applications (Sl.No.2 in Document No.6) is 90.5%. Thus, as per RGUKT, Ramachandrapuram is a Rural Mandal. His daughter, who studied from a Government School (ZPHS, BHEL Township) of same Ramachandrapuram Mandal, being the Mandal Best with 90.5% marks, deserves to be considered for the first available seat under OC/GOVT/R (Rural) Category from Ramachandrapuram Mandal of Medak District as per the admission rules of RGUKT. v. As the authorities did not follow the rules of admission, the category of 9 of the 10 short-listed candidates of Ramachandarapuram Mandal (Document No.2) has been revised from R (Rural) to U (Urban), consequent to which only one candidate under R- category was left for selection. As per the original list of selected candidate dated 2.8.2009, (Document No.3) 3 candidates were selected for admission from Ramachandrapuram Mandal from Rural – category. As per the latest list of selected candidates, only one candidate has been selected from the mandal under Rural – Category. Thus, Ramachandrauram Mandal, which should have been allotted with 3 seats under Rural Category on the strength of its rural population, has been deprived of 2 seats. 15. It is also further averred that his daughter did not apply to any other institution for her further studies as she, being the Mandal First in Government Schools Category of Ramandhrapuram Mandal, was confident of getting admitted into RGUKT. He is working as a Contract Labour with a small time contractor earning Rs.3,000/- per month. He has to support a family of 5, which includes 3 daughters. Hence, he could not afford a parallel admission of his daughter in another institution for admission without waiting for results of RGUKT. His daughter will close one academic year if admission is not given to her in RGUKT of the academic year and this will be an irreparable loss and hardship to her and their entire family. In the circumstances, the writ petitioner approached this Court by filing the present writ petition. 16. This Court issued Rule Nisi on 22.2.2009. 17. Counter affidavit has been filed. 18. It is stated in para 2 of the counter affidavit that Rajiv Gandhi University of KnowledWge Technologies has been established through Act 18 of 2008 which came into force on 28.4.2008, under Section 5 of the Act, and 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 constituent institutes. The powers of the 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 admissions 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 may 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 education needs of the meritorious rural youth of Andhra Pradesh. Three constituent Institutes have been established – one at Basara in Adilabad District, Second at Nuzvid in Krishna District and 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 2008-2009. 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. 19. (a) It is further stated that the Admission to each constituent institute of Admission to each constituent institute of this University will be after passing Secondary School Certificate (Tenth Standard) Examination in their first attempt in that academic year from the State of A.P. a. There will be no entrance examination and admission will be strictly based on student performance in the SSC and other equivalent Board Examinations such as CBSE, ICSE, Oriental SSC and NOS. b. The total intake of the students from Andrha Pradesh will be 6000 at the rate of 2000 in each institute. These seats will be allotted as follows: c. State Wide Merit: 15% of the seats, i.e., 900 seats are allotted for all the students attending schools in A.P., d. Rural Seats: 85% of 6000, i.e., 5100 seats are allotted only for the students attending schools in rural mandals of A.P. These seats will be allocated based on the mandal best criteria. The rural mandals are as defined by the Department of Education, Government A.P. i. All the rural seats are allocated according to rules applicable to a State-wide University, i.e., 42% of the seats are allocated to Coastal Andhra, 36% to Telengana and 22% to Rayalaseema. ii. The seats are distributed among various districts based on 2001 census population. District wise and Reservation wise allocation of seats are provided in the table below. iii. 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. Finally, adjustment is made to achieve the correct district wise total in each reservation category at the District and State Level. a. The seats available to a mandal are allocated to OC, BC, SC, and ST according reservation norms. Usually, the fractional seats in each mandal are too small for unique assignment. In such cases allocation is made on a district-wise basis from among the mandal toppers, where the best students within a district in each reservation category are selected to fill the seats available. e. The State-Wide-Merit and Rural Seats will be distributed in the proportion of 10%, 20% and 70% to Residential, Private, Government schools. f. Reservation of seats as per the existing G.O will be followed for allocating seats, i.e., SC- 15%, ST-6%, BC-A-7%, BC-B-10%, BC-C-1%, BC-D-7%, BC-E-4% in both State Wide Merit and Rural Seats. g. Reservation for Physically Handicaped will be followed as per the existing G.O at the state level, i.e., 3% of 6000 as a horizontal reservation. h. Reservation for Children of Armed Forces Personal will be followed as per the existing G.O at the state level, i.e., 2% of 6000 as a horizontal reservation. b) The selection of students will be based on percentage marks rounded to one decimal among the students taking SSC or equivalent exam after 10th class. i. In case of a tie, marks in English and Mathematics are used sequentially to select the person with better performance. In case of a further tie, age is used in tiebreak, with the person, who is older, getting selected. c ) Private Students: Students that take SSC examination as private students will only be considered as part of the private school category independent of where they take the examination. d) In order to promote diversity, up to 5% of the available seats (over and above 6000 seats) will be open to students internationally including students attending schools in other states. Admission will be on the basis of their marks (percentage rounded to the first decimal) among the applicants. A minimum of 80% marks for International applicants will be required. 20. Further, it is submitted that as per the information furnished by the District Information System for School Education (DISE), the writ petitioner (Roll No.28106082) belongs to OC Category and studied in Z.P.H.School, BHEL-Ramachandrapuram, under Urban area in Government School. 21. It is also further stated that according to the admission procedure, the petitioner’s case can only be considered for admission in State Wide Merit Seats, from Ramachandrapuram Mandal, Medak District, in Government Management under OC Category. The last selected candidate has got 93.5 percentage, whereas the petitioner secured 90.5% only. Hence, the petitioner was not selected by the respondent-University. 22 In such circumstances, it is stated that the writ petition be disposed of. Along with this writ petition, the representation to Dean, representation to Chairman APSCHE & I/C VC, Representation to Secretary, Education, Government of A.P and also the list of selected candidates apart from the admission procedure and the list of selected candidates and list of applications also had been placed. The list of short-listed candidates of Ramachandrapuram RGUKT also had been placed before this Court. 23. In the light of the specific stand taken in the affidavit filed in support of the writ petition and also stand taken in the counter affidavit and inasmuch as factual controversy is involved, this Court is of the considered opinion, the writ petition be disposed of directing the respondents to reconsider the issue of the petitioner in accordance with the Rules and Guidelines governing the field within a period of two weeks, at any rate, preferably prior to the finalization of the III Phase of the counseling. 24. The writ petition is disposed of accordingly. No order as to costs. _______________________ JUSTICE P.S. NARAYANA Date:23.09.2009 mrb