IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24331 of 2008 Between: T. Srinivas Rao, S/o. Venkat Rao, R/o. H.No. 23-9-2/5, Vinayaka Nagar, Ashok Nagar, R.C. Puram, Medak District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep by its Secretary, Higher Education Department, Secretariat, Hyderabad. 2 The Convenor, I-CET 2008 Admissions, Online Counselling Centre, PGRR Centre for Distance Education Osmania University, Hyderabad -7 3 APSCHE, Rep by is Secretary, Masab Tank, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not allotting the seat of I-CET 2008 Convenor quota seat of MBA to the petitioner, as being illegal, arbitrary and violative of Article 14 of the constitution of India and consequently direct the respondents to allot MBA Seat of I-CET 2008 Convenor quota and issue such other Writ or order or directions as deemed it and proper in the circumstances of the case Counsel for the Petitioner:SRI.B.KRANTHI KIRAN Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 24331 OF 2008 ORDER: 1. This writ petition has been ﬁled by T.Srinivas Rao with a prayer to issue writ of mandamus declaring the action of A.P. State Council for Higher Education-3rd respondent in not allotting the seat of I-CET 2008 in Convenor Quota as illegal and arbitrary. 2. The petitioner appeared for I-CET examination and secured 83113 rank. He got admission in M.C.A. course in P. G. College, Jadcherla. His grievance is that he is to be accommodated in the left over vacant seats under the Convener Quota in M.B.A. Course. 3. When the writ petition came up for admission, learned Government Pleader for Higher Education takes notice on behalf of respondent No.1, Sri Deepak Bhatacharjee takes notice on behalf of Respondent NO.2 and Sri Sudesh Anand takes notice on behalf of Respondent NO.3. 4. Heard learned counsel for the parties. 5. Learned standing counsel appearing for 2nd respondent submits that the left over seats have been handed over to the management of the respective colleges and therefore, there is no seats to accommodate the petitioner under Convener quota. Learned standing counsel refers the letter addressed by the Convenor I-CET 2008 to the Principal of private M.B.A. and M.C.A. colleges. The context of the letter reads as hereunder. “You are well aware that the ICET –2008 Admissions were completed successfully by 16th September, 2008 for the Academic Year 2008-09. The details of the left over vacancies of your institution are herewith communicated. The list of candidates admitted and the vacancy position is also displayed in APSCHE website.www.apsche.ac.in. You may download the same for your information. You are requested to give a detailed notiﬁcation for the left over vacancies, dropout vacancies/cancelled seats at the institution level, if any in one leading daily newspaper of your region calling the candidates ( who have not taken admission any where so far), who have passed Degree and qualiﬁed in ICET –2008 examination to attend for counselling at your institution on a particular day before 30th September, 2008 ( Cut-oﬀ date for Private M.B.A./MC.A College Managements to ﬁll the left over vacancies. You should also mention in the notiﬁcation the Rank, Hall Ticket Number Name and Course of the Candidate who did not report to the institution stating that his/her admission will be treated as cancelled if he/she fails to report one day before the actual date of the Institution Spot Admissions. The vacant seats may be ﬁled by the candidates as per thir merit in ICET-2008. Examination in M.B.A/M.C.A. Course. Candidates who have already taken admission (through ICET –2008) counselling conducted by the Convener) in any institution should not be considered for admissions. The candidates should be insisted upon to produce all the original ceritﬁcaes before granting admission. Any deviation made in this regard will be viewed seriously and ratiﬁcation of the admissions made will not be granted under any circumstances. The qualiﬁcations prescribed in G.O.Ms. NO. 59 shall have to be strictly adhered to, as given in the annexure enclosed. In case of NCC/SP/CAP/PH category, if candidates are not available, the seats are to be offered to the respective category. In any category (OC/BC/SC/ST) seats, which are earmarked for women candidates, are to be oﬀered ﬁrst to women candidates only. If women candidates are not available in that category then the seats are to be oﬀered to male candidates. The women candidates are also eligible to opt for male seats ( General seats) in the combined rank order in any category ( OC/BC/SC/ST) when their own 1/3 quota of seats are completely filed. Note: In view of the Government’s decision, the College Managements are speciﬁcally informed to extend the facility of ‘Tuition Fee Exemption’ to BC ( A,B,C,D and E) SC, ST, Minority (Muslim, Christian, Parsis, Budhist and Sikhs) and PH Category candidates, in case their parent’s annual income is less than Rs. One Lakh”. 6. Since left over seats have already been handed over to the Management of the respective colleges and vacant seats are stated to be ﬁlled up by the respective managements, the relief sought for by the petitioners cannot be granted. 7. Accordingly, this writ petition is dismissed at the admission stage. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 6th November, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 24331 OF 2008 6th September, 2008.