THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.11062 of 2008 Dated: 29.09.2010 Between: Theerthala Naga Lakshmi. .. Petitioner. And The Andhra University, Visakhapatnam, Rep. by its Registrar, And others. .. Respondents. ORDER: It appears, in pursuance of the notification published in the web site of the 1st respondent University, inviting applications for admission into Ph.D programme in Computer Science and Systems Engineering, the petitioner applied for the said course, and after scrutinizing all the applications received for admission into the said course, Research Admission Intimation letters were dispatched to all the eligible candidates on 05.04.2008, under certificate of posting, informing the date of counseling as 13.04.2008-Sunday at 9.00 a.m. at Examination Hall-II, Andhra University Engineering College Campus, Andhra University, Visakhaptnam. However, it is the case of the petitioner that the intimation letter was delivered to her on 17.04.2008 i.e., subsequent to the date of counseling scheduled on 13.04.2008, and therefore, she submitted a representation to the 3rd respondent on 21.04.2008, requesting to consider her case as a special case, but the respondents have not considered her case. Hence, this writ petition is filed. The respondents filed a detailed counter affidavit, wherein, at paragraphs 3 and 4, it is stated as under: “In reply to Para (3) of the Affidavit, it is submitted that the applications were received, in which the petitioner applied and registered vide Regd.No.9762. After scrutinizing the applications the research admission intimation memos were dispatched to the eligible candidates on 5.4.2008 under certificate of posting by fixing the counseling date as 13.4.2008 Sunday at 9.00 AM and the venue is Examination Hall-II at A.V. College of Engineering campus (A), Visakhapatnam. In reply to Para (4) of the Affidavit, all the admission intimation memos were sent to the eligible candidates as per the practice prevailed in vogue that all the admission memos, call letters, Rank cards, Hall-tickets etc. are being sent through post office only under certificate of posting. Not only this, the information of counseling of Ph.D. admissions were also kept in the University website viz. www.andhrauniversity.info.doa/index. html. Many of the candidates who appeared and attended counseling were considered as per the eligibility they were given admissions. Seven candidates were given admission into Ph.D. (Full-time) in Computer Science & Systems Engineering Department. The name of the applicant can be seen in the intimation letter to attend the counseling on 13.4.2008 to the given address on 5.4.2008 under certificate of posting, in which the Petitioner figures at Sl.No.10 along with other eligible candidates and a copy of the same is filed herewith.” From the aforesaid averments of the counter affidavit, it is clear that the respondents have sent the intimation letter to the petitioner along with other candidates under certificate of posting. May be the petitioner has received the intimation letter on 17.04.2008 i.e., after the date of counseling as alleged by her, but as is evident from the counter, the intimation letter was sent to her under certificate of posting on the same day on which the intimation letters of the other candidates were sent. However, this Court, under Article 226 of the Constitution of India, cannot decide whether the petitioner can be permitted to seek admission on the ground of receiving the intimation letter of counseling by her after the counseling was conducted, and the petitioner has to seek redressal of her grievance in this regard in appropriate proceedings before the competent civilcCourt. Accordingly, the writ petition is dismissed, leaving it open to the petitioner to approach the competent civil Court, seeking redressal of her grievance. No order as to costs. _____________ C.V.RAMULU,J 29.09.2010 v v