IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15304 of 2008 Between: C. Venkataiah S/o C. Naganna R/o. Maddigatla (M) Village, Peddamandaddi Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Osmania University,. Hyderabad, Rep. by its Registrar, O.U. Campus, Hyderabad. 2 The Director, Directorate of Admissions, Osmania University, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or Direction more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents in not permitting the Petitioner in process of counseling for admission into the M.Ed. Course for the academic year 2008-2009 on the ground that the petitioner did not produce the Transfer Certificate, as illegal, arbitrary, contrary to the General Instructions issued to the candidates and has the effect of violation of Fundamental rights guaranteed to me u/a 14, 19 & 21 of the Constitution of India and consequently to direct the Respondents to give admission to the petitioner in the M.Ed. Course for the academic year 2008-2009. Counsel for the Petitioner:MR.K.VENKATESH GUPTA Counsel for the Respondents: MR.DEEPAK BHATTACHARJEE The Court made the following : THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15304 of 2008 ORDER: When the writ petition came up for consideration, the petitioner seeks permission to amend the cause title of the 1st respondent as the Osmania University, Hyderabad, represented by its Registrar, O.U. Campus, Hyderabad. 2. Permission as sought is accorded. 3. The petitioner completed B.Sc. (Mathematics) in the year 2002. He did B.Ed. in the year 2005, thereafter, took admission in M.Sc. (Mathematics) in Prof.G.Ram Reddy Centre for Distance Education. He appeared for entrance test conducted by the 1st respondent-University for admission into M.Ed. course for the academic year 2008-2009. He secured 483 rank. He belongs to B.C. ‘A’ Group. At the time of counselling, he produced the identity card issued by the Director of Prof.G.Ram Reddy Centre for Distance Education, Osmania University, Hyderabad, but the 2nd respondent refused the petitioner to participate in the counselling on the premise that he did not produce the original transfer certificate. According to the petitioner, the action of the 2nd respondent is arbitrary and illegal. 4. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents. 5. Learned counsel for the petitioner submits that the petitioner produced identity card issued by the Director of Prof.G.Ram Reddy Centre for Distance Education, Osmania University, Hyderabad, and the action of the 2nd respondent in not permitting the petitioner to participate in the counselling is arbitrary and, therefore, one seat is required to be reserved to the petitioner in the counselling. 6. Per contra, learned Standing Counsel appearing for the respondents submits that as per general instructions to candidates called for counselling for admission into M.Ed. course, the candidate has to produce the transfer certificate or certificate issued by the Head of the Institution. Indisputably, the identity card cannot be construed as a certificate issued by the Head of the Institution. 7. Learned counsel appearing for the petitioner submits that the petitioner secured transfer certificate and, therefore, a direction may be given to the 2nd respondent to consider the case of the petitioner, in the event of second counselling being conducted for unfilled seats. 8. Such is the situation, I deem it appropriate to direct the respondents to consider the case of the petitioner, in the event of second counselling being conducted for left over seats, subject to production of the transfer certificate. 9. Accordingly, the writ petition is disposed of. No order as to costs. ________________________ B.SESHASAYANA REDDY,J 17.07.2008 Note: Furnish C.C. in two days B/o v v