THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W. P.Nos.24581, 24462, 24590, 24708, 24709, 24716, 24765, 24766, 24771, 24792, 24816, 24857 and 24864 of 2009 COMMON ORDER: The Government of Andhra Pradesh introduced a Scheme for lateral entry vide its orders in G.O.Ms.No.61, Higher Education (EC) Department, dated 26.05.2006. This provides for admission of Diploma Holders in Polytechnic Courses into II year of Undergraduate Provisional Courses in Engineering (including Technology) and Pharmacy in the State of Andhra Pradesh. The admission of such candidates is by conducting an entrance examination called E.C.E.T. This was supplemented by G.O.Ms.No.58, dated 12.05.2008, extending the same facility to the candidates, who possessed B.Sc. degree in Mathematics. After entrance examination is conducted, the selection process is undertaken by two agencies namely, the Convenor appointed by the Government i.e. S.W.1 and the Convenor appointed by the Consortium of private colleges, S.W.2. For the current academic year, E.C.E.T entrance examination was conducted and this was followed by counselling by S.W.1 between 29.06.2009 to 11.07.2009 and by S.W.2 between 17.07.2009 to 19.07.2009. It emerged that the number of qualified candidates is less than the number of available seats. Therefore, the leftover seats were made over to the colleges enabling them to fill them duly following the prescribed procedure. This facility is known as spot admission. The petitioners in these writ petitions are diploma holders in civil or mechanical engineering in polytechnic. While some of them appeared in the entrance examination, others did not. They availed the facility of spot admission and joined the respective colleges. As required under the provisions of the Andhra Pradesh Engineering Common Entrance Test for Diploma Holders for admission into B.E., B.Tech., and B.Pharm Courses Rules, 2004 (for short ‘the Rules), the list of admitted candidates was submitted to the State Council of Higher Education, the second respondent in all the writ petitions, for approval. Through proceedings of different dates, the Council refused to approve and ratify the admission of the petitioners on the sole ground that they belong to other States. The petitioners feel aggrieved by the same. They contend that nowhere in the Rules, any disqualification is attached to the candidates from outside and that the A.P. Educational Institutions (Regulation of Admissions) Order, 1974 (for short ‘the Presidential Order’) would get attracted only when the available seats are less than the qualified candidates. On behalf of the respondents, a detailed counter-affidavit is filed. It is stated that the Rules are clear to the effect that the only local candidates are eligible to be admitted into the seats through the process of lateral entry and not others. According to them, the petitioners who are admittedly from outside the State are not entitled to be admitted. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Council. The concept of reservations was introduced to protect the interests of weaker sections or downtrodden as an exception to the general rule of merit. Over the period, not only the categories of reservations proliferated, but also the method of reservation has expanded to an extent that admission by merit is reduced to a minuscule. The mind set of the authorities has been tuned to such a level that even where the candidates belonging to a particular reservation category are not available, they prefer to keep the seats vacant or permit them to go waste, than to admit the other eligible and more meritorious candidates who seek admission. This, however, is a larger question. The Presidential Order provides for reservation of 85% of the available seats in favour of local candidates in the State of Andhra Pradesh. This has the backing of Article 371-D of the Constitution of India. The necessity to enforce this rule of reservation would arise only when the seats are less compared to the number of candidates seeking admission. Reservation, be it under the Presidential Order, the one relating to the social categories would virtually become irrelevant, when every possible candidate from the respective category is accommodated and still the seats are vacant. It has already been mentioned that quite large number of seats remained vacant and on account of non-availability of the candidates, both the Convenors handed over the unfilled seats to the managements of the institutions to fill them, through the process of spot admission. It is true that even for making spot admissions, the institutions have to follow the rules of reservation. However, where the candidates of a particular category are not available, the seat can be offered to anyone on the basis of merit and subject to eligibility. It is only when a candidate belonging to a particular reserved category is denied admission despite his entitlement, that the admission of a candidate who does not belong to that category, but admitted against the seat, earmarked for the category, cannot be approved. Except stating that the petitioners do not hail from the State of Andhra Pradesh, no other reason is stated by the respondents. This hardly constitutes any basis to refuse the approval for the admission of the petitioners. In a way, the stand of the respondents would be that let the seats go waste, but no candidate who is otherwise eligible be admitted. Such an approach cannot be countenanced, much less, would promote national integration, or merit in education. Accordingly, the writ petitions are allowed. It is held that in case the petitioners hold the qualifications prescribed under the Rules, they shall be entitled to pursue the courses. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:20.11.2009 kdl