THE HONOURABLE SRI JUSTICE P.S.NARAYANA WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER, TWO THOUSAND AND NINE WRIT PETITION No. 19320 OF 2009 Between: Chandanadevi Santhoshi. …Petitioner A N D Rajiv Gandhi University of Knowledge Technologies, Rep. By its Registrar, Andhra Pradesh State Council For Higher Education Building, JNTU Campus, Masab Tank, Hyderabad and another …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 19320 OF 2009 ORDER Heard Sri M.V.Suresh, learned counsel representing the writ petitioner and the learned Additional Advocate General representing respondents. 2. Learned counsel for the petitioner had taken this Court to the contents of the affidavit filed in support of the writ petition and would maintain that having shown the petitioner initially in the Government quota subsequently shown her under private quota and thus denying the seat to the petitioner cannot be sustained. 3. Learned Additional Advocate General would maintain that in the light of the facts and circumstances and also the certificates and record produced it is clear that consideration of the case of the petitioner under private quota is well justified. 4. This writ petition is filed to issue a writ of mandamus declaring the action of the 1st respondent University in not sending call letter to the petitioner herein for the purpose of appearing in IIIT-2009 admissions under BC-B category in Government Grameena Quota as illegal, arbitrary, null and void and for a consequential direction to the 1st respondent herein to permit the petitioner to appear for counselling for IIIT-2009 under BC-B category in Government Grameena Quota and to pass such other suitable orders. 5. 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 completed her SSC examination in the year 2009 a submitted a certificate issued by the Head Master, ZPHS, Sampathnagaram, Rajanagaram Mandal, E.G. District to the effect that she appeared for the SSC Exam from Rajanagaram Mandal, E.G. District. The 1st respondent herein published a selected candidates list on 8-4-2009 and petitioner has downloaded a copy of the same. The name of the petitioner appeared in Sl.No.7 and the percentage of marks obtained by the petitioner is 91%. The petitioner herein belongs to B.C.-B category and the total number of seats available in Andhra Region for the academic year 2009 is 2036. Out of which the seats allotted to the BC-B category in East Godavari District is 34. Even though in the prospectus issued by the 1st respondent it is stated that total number of seats available in Andhra region is 2036 and the same has been increased above 2600 and the total number of seats allocated to BC-B category in East Godavari District also has been increased to 46. After the announcement of the 1st list by the 1st respondent there was a news item published in Sakshi, Rajahmundry Edidtion, dated 4-8-2009 confirming the selection of the petitioner herein for the course of IIIT. In the selected list published by the 1st respondent on 8-4-2009, the petitioner’s name was shown as candidate appearing from Government Grameena Quota. However, to the surprise of the petitioner, the 1st respondent issued a rank list wherein the name of the petitioner is shown at Sl.No. 47, but it is shown that the petitioner is from private quota. It is not known how there is a deviation from Government Grameena Quota to private quota. As a result of the change made by the 1st respondent by showing the name of the petitioner in the private quota, the petitioner has lost her valuable opportunity to appear for the counselling for admission into IIIT 2009. 6. It is further stated that the petitioner belongs to BC-B category and the total number of seats available in East Godavari District under this category is 46 and if the same is taken into consideration, the petitioner who got 91% is bound to get admission under BC-B category. Whereas the rank list published by the 1st respondent herein shows that candidates who got lesser percentage than the petitioner herein has got admission under BC-B category under Government Quota. 7. It is also stated that the action of the 1st respondent is illegal and is liable to be set aside. Several other objections had been raised by the writ petitioner in the affidavit filed in support of the writ petition. 8. Respondents 1 and 2 filed counter affidavit. 9. In the counter affidavit it is stated that 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. 10. 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. 11. It is further stated that as per the information furnished by the District Information System for Education (DISE),the writ petitioner belongs to BC-B category are studied in ZPHS Sampathnagaram Rajanagaram East Godavari District. The petitioner studied under private management under rural area. The petitioner could not get admission is due to the fact that in Rural seats, from Rajanagaram mandal, East Godavari District, in Pvt Management, in BC-B category. It is submitted that the last selected candidate has 92.7% while the petitioner has 91.0%. Therefore, the petitioner could not secure the seat. 12. In view of the facts and circumstances, let the respondents reconsider the case of the petitioner taking into consideration the objections made in accordance with the Rules and Guidelines governing the field within a period of two weeks, at any rate preferably before the finalization of the third phase of counselling. 13. The 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. 19320 OF 2009 23rd September, 2009.