HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY Dated: 01-02-2010 WRIT APPEAL No. 1478 OF 2009 Between: Jaser Mohammed Arif ... APPELLANT AND The Central Counselling Board, rep., by its Chairman, Ministry of Human Resources Development, Government of India, New Delhi and two others ... RESPONDENTS HON’BLE THE CHIEF JUSTICE, SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 1478 OF 2009 JUDGMENT: (per Sri C.V. Nagarjuna Reddy, J) This writ appeal is filed against order dated 08-10-2009 in Writ Petition No. 21059 of 2009. The main grievance of the appellant in the writ petition was that the respondents have not allotted a seat to him in 50% quota earmarked for Tamilnadu State in respect of the seats pertaining to the National Institution of Technology (NIT) of that State. In the counter affidavit filed by the Chairman of respondent No. 1 – Board, in paragraph 3, it is stated as under: “……it is false and incorrect to state that the Respondent No.1 without following the guidelines prescribed by the Respondent No.3’ Institution, merged the home state quota into All India Quota in the final counseling which is not permissible, which resulted in loss to the students of Tamilnadu including the Writ Petitioner. The Respondent No.1 placed the information about the admission procedure on its website ‘www.ccb.nic.in’ for the benefit of the candidates. As per the information Brochure placed in the website ‘www.ccb.nic.in’ at title 3.4 at page No.8, i.e., Forth (Open) round allotment of seats (allotment against vacant seats), in this round the STATE SPECIFIC vacant seats will be converted to ALL INDIA seats wherever is applicable and seat allotment will be made. By virtue of the above said guidelines, from fourth round counseling onwards, State Specific vacant seats shall be converted into ALL INDIA seats and there shall not be any State Specific Quota from Fourth round onwards. Since large number of seats are found vacant, the first Respondent continued the counseling to admit the 50% of the seats for the candidates under State Specific Quota even in fourth and fifth rounds of counseling. From sixth round onwards, the State Specific Quota was converted into ALL INDIA quota.” Having regard to the above counter affidavit, the learned single Judge dismissed the writ petition. At the hearing, Sri Aka Venkataramana, learned Standing Counsel appearing for respondent No.2 placed before this Court letter dated 28-12-2009 sent by the Chairman of respondent No.1 – Board addressed to him, wherein it is inter alia stated that the petitioner falls under OBC Category and that while his rank was 488, the last OBC candidate who was given seat was at 260. It is also stated by the learned Standing Counsel that the merger in respect of the State seats into the Central pool was made in the sixth round of counselling as against the fourth round of counselling, which was envisaged in the web notice. In the instant case, all the OBC seats in respect of Tamilnadu State quota were filled. Having regard to the additional information furnished by the learned Standing Counsel, we do not find any reason to interfere with the order passed in the writ petition. The writ appeal is accordingly dismissed. As a sequel to dismissal of the writ appeal, WAMP No. 3085 of 2009, filed by the appellant for interim relief, is also dismissed. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 01-02-2010 ks