THE HONOURABLE SRI JUSTICE P.S.NARAYANA WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER, TWO THOUSAND AND NINE WRIT PETITION No. 19434 OF 2009 Between: Gummalla Srivalli Rukmini …Petitioner A N D Rajiv Gandhi Institute of Knowledgel & Technologies, 3rd Floor, APSCHE Building, Masab Tank, Hyderabad rep. By its Vice Chancellor and another …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 19434 OF 2009 ORDER Heard Sri T.V.S. Prabhakar Rao, learned counsel representing the writ petitioner and the learned Additional Advocate General representing respondents. 2. Learned counsel representing petitioner had taken this Court to the contents of the affidavit filed in support of the writ petition and also the letter dated 7-9-2009 and would maintain that in spite of the fact that petitioner fall under rural category the petitioner was denied the seat. 3. Learned Additional Advocate General had taken this Court to the counter affidavit and would maintain that in the facts and circumstances of the case, the writ petition is liable to be dismissed. 4. Heard the counsel. 5. This writ petition is filed to issue a writ of mandamus declaring the action of the respondent No.1 in not allotting the seat to the petitioner in IIIT course even without considering the letter of the 2nd respondent as illegal, unjust and violative of fundamental right guaranteed under Constitution of India and principles of natural justice and consequently direct the 1st respondent to allot the seat to the petitioner in said course for this academic year and pass such other suitable orders. 6. 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 his daughter studied 10th class in Sri Thimma Raju High School, Venkatrayapuram, Tanuku rural mandal, West Godavari District and passed her S.S.C. in 2008-09 by securing 560 marks out of 600 with her Roll No. 10100261. She stood as 1st ranker for the school and 3rd in Mandal. The school is an aided school, located in the rural area of Tanuku Mandal. 7. It is further stated that petitioner is a good student having the habit of industrious reading; They have pursued the seat in IIIT of the 1st respondent university by applying through online. They have made correspondence with the 1st respondent University and as per the list furnished by the 1st respondent for admissions in the year 2009, the petitioner’s application was in the serial No.1. Later her name was shown in Serial No.19 in master admission list of the District west Godavari dated 14-8-2009. When they enquired with the 1st respondent, they were informed that the petitioner will get seat without fail in view of her marks and rank. But surprisingly they came to know recently through the net information furnished by the 1st respondent that she was not allotted the seat in any branch as per their final list dated 1-9-2009. The three lists referred above have been filed. 8. It is also stated that on enquiry and on their complaint, they were informed orally by the 1st respondent that they have taken the school of study of the petitioner as urban area, as such, she was not allotted the seat. Immediately, they have placed all the material specifically intimating that the school where the petitioner has studied is in rural area but not in urban area. Though they insisted the order of rejection of seat, 1st respondent without doing so informed them that they cannot help in any way at this point of time even if their action is not correct. 9. It is further stated that basing on the complaint submitted by them, the 2nd respondent has submitted a letter to the 1st respondent specifically stating that the place of the school, i.e. STRH School where the petitioner has studied is situated in rural area and to substantiate the same, the gazette of the District West Godavari wherein it is mentioned that Venkatarayapuram is a separate village in rural mandal and another document is school DISE form which speaks about the location of the school with the school Code No. as 9130. 10. It is further stated that though they approached the 1st respondent in many times, they were informed that it will be rectified in short time before counselling. But as on today no action from the 1st respondent and without considering their request, they have announced the date of counselling from 14th onwards in three I.I.I.T. centres. Further it is stated that a news item was published in Eenadu daily that there are so many mistakes committed by the 1st respondent in considering the area of school and many schools have been treated as urban area schools and same will be short out. But no steps have been taken so far. 11. It is further stated that there are 6000 seats and out of the same 5100 is allotted to the rural area and rest of the seats for the merit students from entire state. The percentage of seats to the girls from rural area is 45%. The petitioner has got 93.3% in SSC and secured good rank and she is from rural area. They are residing in rural area of Mandapaka and school is also in rural area. Though the petitioner is eligible to get a seat, but she was ignored by the 1st respondent without any reason. They have submitted all the particulars and also the particulars of the other students who got lesser marks secured the seat as per their list, the respondent No.1 without even rectifying their mistakes simply postponing the same. 12. It is further stated that since the 1st respondent is not taking any action on their mistake and proceeding with the counselling. The seats allotted to the West Godavari District is now enhanced to 325. In such circumstances, the writ petitioner approached this Court. 13. In the counter affidavit, 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. 14. 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. 15. It is further stated that as per the information furnished by the District Information System for Education (DISE), the writ petitioner ( Roll No. 10100261) belongs to OC Category and studied in S.T.R.H.School, Venkatapuram, Tanuku Mandal of West Godavari District. The petitioner studied under Urban area in Government school. 16. It is also stated that according to the admission procedure, petitioner can only be considered for admission in State Wide Merit Seats, from Tanuku Mandal, West Godavari District, in Government Management under in OC Category last selected candidate has got 93.5%, whereas petitioner secured 93.3% only. Hence, the petitioner was not selected to the Respondent University. Nodoubt certain further objections had also been taken relating to non-impleading of the parties. 17. Letter, dated 7-9-2009 had been relied on and the contents therein being self explanatory need not be elaborately discussed. This Court is of the considered opinion in the light of the letter dated 7-9- 2009 the case of the petitioner may be reconsidered. 18. In the light of the same, this writ petition is disposed of directing the respondents to consider the case of the petitioner, in the light of the Rules and the Guidelines governing the field within a period of two weeks, at any rate preferably before finalization of the third phase of counselling. 19. 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. 19434 OF 2009 23rd September, 2009.