s St¥ Iy ■ -5: $ APHC010492302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 25204 OF 2025 Between: Uttal Saha, S/o Shri ShriSougataSaha, Residing at 7/1, Nilmoni Mukherjee Road Salkia, Howrah-711106, West Bengal. ...Petitioner AND 1. Union of India, Rep by its secretary. Ministry of Education, Government of India 122-c, Shastri Bhavan, New Delhi 110001. 2. Indian Institute of Science Education and Research USER, Rep by its Director, Srinivasapuram, Venkatagiri Road, Jangalapalli Village, Panguru (G.p). Yerpedu Mandal, Tirupathi District. 3. Joint Admissions Committee2025, Represented by its Chairperson, Indian Institute of Science Education and Research Srinivasapuram, Venkatagiri Road, Jangalapalli Village, Panguru (G.P). Yerpedu Mandal, Tirupathi District. 4. Indian Institute of Science Education and Research (USER), Rep by its Director, Laudigam, Konisi, PS Golathara, Berhampur, Ganjam, Orissa- 760003 (USER). ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 in not allotting the seat of BS-MS (Dual Degree) Course offered to the petitioner in the offer letter dated 01.08.2025 and in not allowing him for further rounds of counseling for the said course as per his merit ranking obtained in USER Aptitude Test- 2025 (lAT 2025), as illegal, highly arbitrary, unconstitutional and consequently to direct the respondents to allot a seat in BS-MS (Dual Degree) course as per his merit either in the institute of 4*^^ respondent i.e, USER Berhampur, herein or in any other USER as per his merit rank lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 herein to freeze a seat in BS-MS (Dual Degree) Course in the 4th respondent institute in terms of the offer letter dated 01.08.2025, pending disposal of the above writ petition Counsel for the Petitioner; SMT. Dr. Dr. SATTARU RAJANI Counsel for the Respondent No.1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondents No.2 to 4: SRI SIREESH GUPTA, LEARNED COUNSEL ASSISTED BY SRI TURAGA SAI SURYA The Court made the following order: APHC010492302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 25204/2025 Between: 1. UTTAL SAHA, S/0 SHRI SHRISOUGATASAHA, RESIDING AT 7/1, NILMONI MUKHERJEE ROAD SALKIA, HOWRAH-711106. WEST BENGAL. ...PETITIONER AND 1.UNION OF INDIA, REP BY ITS SECRETARY. MINISTRY OF EDUCATION, GOVERNMENT OF INDIA 122-C, SHAStRI BHAVAN, NEW DELHI 110001. 2. INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH USER, REP BY ITS DIRECTOR, SRINIVASAPURAM, VENKATAGIRI ROAD, JANGALAPALLI VILLAGE, PANGURU (G.P). YERPEDU MANUAL, TIRUPATHI DISTRICT. 3.JOINT ADMISSIONS COMMITTEE2025, REPRESENTED BY ITS CHAIRPERSON, INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH (USER). SRINIVASAPURAM, VENKATAGIRI ROAD, JANGALAPALLI VILLAGE, PANGURU (G.P). YERPEDU MANUAL, TIRUPATHI DISTRICT. 4. INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH USER, REP BY ITS DIRECTOR, LAUDIGAM, KONISI, PS GOLATHARA, BERHAMPUR, GANJAM, ORISSA-760003 ...RESPONDENT(S): 2 JS,J W.P.No.25204/2025 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, particularly one in the nature of writ of mandamus declaring the action of the respondents 3 in not allotting the seat of BS-MS (Dual Degree) Course offered to the petitioner in the offer letter dated 01.08.2025 and in not allowing him for further rounds of counseling for the said course as per his merit ranking obtained in USER Aptitude Test- 2025 (lAT 2025), as illegal, highly order or direction more arbitrary, unconstitutional and consequently to direct the respondents to allot a seat in BS-MS (Dual Degree) course as per his merit either in the institute of 4 respondent i.e, USER Berhampur, herein or in any other USER as per his merit rank and to pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 herein to freeze a seat in BS-MS (Dual Degree) Course in the 4th respondent institute in terms of the offer letter dated 01.08.2025, pending disposal of the above writ petition and to pass Counsel for the Petitioner: I.Dr.SATTARU RAJAN I Counsel for the Respondent(S): 1. The Court made the following: 3 JS.J W.P No.25204/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; ., to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 in not allotting the seat of BS-MS (Dual Degree) Course offered to the petitioner in the offer letter dated 01.08.2025 and in not allowing him for further rounds of counseling for the said course as per his merit ranking obtained in USER Aptitude Test- 2025 (IAT 2025), as illegal, highly arbitrary, unconstitutional and consequently to direct the respondents to allot a seat in BS-MS (Dual Degree) course as per his merit either in the institute of 4 respondent i.e, USER Berhampur, herein or in any other USER as per his merit rank and to pass...’’ The petitioner appeared for the aptitude test conducted 25.05.2025 at the Indian Institute of Science Education and Research (for short 'the USER’) in Kolkata and secured an overall rank of 4,778. The petitioner was provisionally allocated a seat at USER Berhampur, Odisha, for the BS-MS Dual Degree Programme for the academic year 2025-2026. The petitioner has paid Rs.35,000/- towards the provisional seat allocation and has opted for the “float” option. 2. on 3. Learned counsel for the petitioner submits that as the petitioner’s mother suffered from a serious medical emergency, the petitioner was unable to attend the 4*^ round of counselling. The petitioner faced a technical glitch and was unable to proceed to further rounds of counselling. On 05.09.2025, the petitioner sent an email to the third respondent. Since there was no response, the petitioner visited USER, Berhampur, 08.09.2025 and learned that the reporting date for admission at USER was also 08.09.2025. on 4. Learned counsel submits that although the petitioner made several representations, the respondents have not acted on them, and the petitioner is entitled to fair and equitable consideration in line with the admission procedure. He further submits that the seats are still vacant, and 4 JS,J W.P.No.25204/2025 the admission process is ongoing. If the petitioner is not considered for the academic year 2025-26, his educational career will be compromised, and requests this Court to consider the petitioner's case on sympathetic grounds. 5. On the other hand, learned counsel appearing for respondent Nos.2 to 4 submits that the entire counselling process has been closed at 5:00 p.m., on 17.09.2025, and the petitioner did not opt for the 4^^ round of counselling. For 300 seats, the respondents have considered 322 candidates, and since more candidates than required were included, the petitioner's case cannot be considered. 6. Heard Smt. Sattar Rajani, learned counsel for the petitioner, and Sri Shireesh Gupta, learned counsel, assisted by Sri Turaga Sai Surya, learned counsel representing respondent Nos. 2 to 4. 7. As evident from the record, it is not disputed that the seat allotted to the petitioner at USER Berhampur, and it is also not disputed that the petitioner has remitted an amount of Rs.35,000/- towards confirmation of his seat. was It is also not in dispute that the petitioner has opted for the “float” option since the mother of the petitioner suffered a medical emergency and the petitioner was unable to participate in the process of the next round of counselling. 8. 9. On perusal of the instructions of respondent Nos.2 to 4, it is evident that though the intake capacity is for 300 seats, the respondents have selected 322 candidates at the end of the 9^'^ round of counselling. As the respondents have additionally selected 22 more candidates than the required capacity, the respondent can consider the petitioner as 323 candidate, and in case any vacancy arises, then it is open for the rd 5 JS.J WP. No.25204/2025 respondents to consider the petitioner’s case in the vacancy that arose for the academicyear 2025-2026. Therefore, this Court finds it appropriate to dispose of the writ petition by directing respondents 2 to 4 to consider the petitioner's case for admission as the 323'^'^ candidate and to accommodate the petitioner in any remaining or unfilled vacancy. With the above observation, the Writ Petition is disposed of. No order as to costs. 10. As a sequel, miscellaneous applications pending, if any, shall stand Sd/-KTATA RAO _ deputy ^GiSTRAR SECTION OFFICER closed. //TRUE COPY// I To, 1. The Secretary, Union of India, Ministry of Education, Government of India 122-c, Shastri Bhavan, New Delhi 110001. Indian Institute of Science Education and Research USER, Srinivasapuram, Venkatagiri Road, Jangalapalli Village, Panguru (G.p). Yerpedu Mandal, Tirupathi District. 3. The Chairperson, Joint Admissions Committee, Indian Institute of Education and Research (USER). Srinivasapuram, Venkatagiri Jangalapalli Village, Panguru (G.P). Yerpedu Mandal, Tirupathi 2. The Director, Science Road, District. 4. The Director, Laudigam, Konisi, PS Golathara, Berhampur, Ganjam, Orissa-760003 5. One CC to SMT. Dr .SATTARU RAJANl Advocate [OPUC] 6. One CC to SRI SIREESH GUPTA, Advocate [OPUC] Indian Institute of Science Education and Research USER, 7. Two CD Copies gsg HIGH COURT DATED: 18/09/2025 ORDER WP NO. 25204 OF 2025 •y' O'. gf 2 3 SEP 2025 rrf\ ^isCijtrentSMlijjjX^ DISPOSING THE WP WITHOUT COSTS