WP/24676/2004 of Muffakam Jha College of Engineering Vs The Govt of A.P., rep by Principal Secretary on 31 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO.24676 of 2004

Between:

Muffakam Jha College of Engineering and Technology, rep by Sultan-Ul-UloomEducationRoad.No.3,Banjara Hills, Hyderabad.

..... PETITIONER

AND

1 The Govt of A.P., rep by its Principal Secretary, Department of Higher Education (EC_II), Secretariat Buildings, Hyderabad.

2 The Director of Technical Education Govt of A.P., Hyderabad 500 -063.

3 The Osmania University, rep by its Registrar 4 A.P.State Council for Higher Education rep y its SEcretary, Hyderabad. Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue an appropriate writ, order or direction one in the nature of Mandamus declaringaction of the 3rd respondent in not conducting entrance examination ascontemplated in the proceedings granting affiliation to the petitioner in proceedingsNo.1241H/2004-05/Acad/IV-I, dt 7-9-2004 and further action of the 3rd respondent innot permitting the petitioner to admit the students based on the marks obtained in thequalifying examination i.e., B.E./B.Tech., as arbitrary, illegal and further declare theaction of the respondents 1 and 3 in not taking a final decision in the matter basedon the representations of the petitioner dt 18-11-2004 and 27-10-2004 and issue aconsequential direction to 3rd respondent to permit the petitioner to admit thestudents into ME Course without reference to GATE Score.

Counsel for the Petitioner: MR.C.V.MOHAN REDDY

Counsel for the Respondent Nos.1, 2 and 4: GP FOR EDUCATIONCounsel for Respondent No.3: Mr. Deepak Bhattacharjee, SC for OU

The Court, at the admission stage, made the following :

THE HON’BLE SRI JUSTICE N.V. RAMANA

W.P. No. 24676 of 2004

Oral order:

The petitioner is an Engineering College, managed by Sultan-ul-Uloom Education Society, Hyderabad, and is engaged in imparting inengineering courses, including P.G. Course in ME. Assailing the action of therespondents in not permitting the petitioner to fill seats in P.G. Course in ME for theacademic year 2004-05, based on the marks obtaining in the qualifying exam,namely B.E./B.Tech., without reference to GATE score, and particularly the action ofrespondent No.3, in not holding Entrance Examination for ME, as prescribed in theorder dated 7-9-2004, as illegal and arbitrary, the petitioner filed the present writpetition.

The petitioner has an approved intake of 18 seats in P.G. Course in ME, andadmission to the said seats is made on the basis of the rank/marks obtained inGATE/non-GATE, namely Entrance Examination, conducted by OU, preferencebeing given to those having GATE, and in case, candidates with GATE are notavailable, then non-GATE candidates, for both sponsored and non-sponsoredcandidates, would be considered. It is the case of the petitioner, that out of 18 seats,only 8 seats are filled - 3 with GATE sponsored by Convener, and 5 with non-GATE,and remaining 10 are unfilled. The petitioner states that unless and until all theremaining 10 seats are filled, it is not feasible for them to run the P.G. Course in ME,and therefore, they requested respondent No.3-Osmania University to hold EntranceExamination for ME, as prescribed in the order dated 7-9-2004, either by themselvesor permit the petitioner to conduct Entrance Examination under the supervision of anominee of the Osmania University, but so far no action had been taken thereon.Hence, the petitioner prays for appropriate directions.

Heard the learned counsel for the petitioner, the learned Government Pleaderfor Higher Education and the learned Standing Counsel for respondent No.3-Osmania University.

Conclusion

Inasmuch as GATE candidates are not available, and having regard to the facts andcircumstances of the case, and particularly, the fact that nearly 10 seats remainedunfilled, all the counsel agreed for disposal of the writ petition with the followingdirections:

Respondent No.3 is directed to conduct Entrance Examination either by itself orpermit the petitioner to conduct Entrance Examination under the supervision of itsnominee, expeditiously, in accordance with its orders dated 7-9-2004, for findingeligible students for filling up of 10 seats of P.G. Course in ME in the petitionercollege, expeditiously, in any case not later than within fifteen days from today.

The writ petition is accordingly disposed of. No costs.

Date: 31[st] December, 2004.KSR

_________________

N.V. RAMANA, J.

..... REGISTRAR

// TRUE COPY //

To

1 The Principal Secretary, Department of Higher Education (EC_II), Govt of A.P., Secretariat Buildings, Hyderabad. Hyderabad.

2 The Director of Technical Education Govt of A.P., Hyderabad 500 -063. Hyderabad 500 -063.

3 The Registrar, Osmania University,

4 The SEcretary, A.P.State Council for Higher Education Hyderabad. Hyderabad.

5 Two CCs to GP for Education, High Court of AP, Hyderabad (OUT)

6 Two CD copies.