APHC010500762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 26010/2024 Between: 1. RASAMSETTY ARAVIND, S/O RAVI KUMAR, AGED ABOUT 18 YEARS, R/O FLAT NO.201, BALAJI TOWERS, BESIDE RAVINDRA BHARATHI SCHOOL, VAMBEY COLONY ROAD, AJITHSINGH NAGAR-15 VIJAYAWADA, N.T.R. DISTRICT. ...PETITIONER A N D 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE VITAP UNIVERSITY, REP. BY ITS VICE CHANCELLOR, AMARAVATHI, GUNTUR DISTRICT. 3. THE VITAP UNIVERSITY, REP. BY ITS REGISTRAR, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in refusing to allot seat to the Petitioner in B.Sc (Data Science Programme) under Application No.20240000073, Register No.24BSD7021 after satisfying with the qualifications and receiving fees of Rs.58.000/- (Rupees Fifty-eight thousand only) at the closer of admissions in remaining colleges, is illegal, arbitrary, unjust and consequently direct the 3rd Respondent to allot the seat to the Petitioner in B.Sc (Data Science Programme) and pass SRK, J W.P.No.26010 of 2024 2 IA NO: 1 OF 2024 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 and 3 to allot the seat to the Petitioner in B.Sc (Data Science Programme) and pass Counsel for the Petitioner: 1. N V MOHANA RAO Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. CHANDRA SEKHAR SINGAM The Court made the following: SRK, J W.P.No.26010 of 2024 3 O R D E R This Writ Petition is filed seeking the following reliefs: “…to issue a Writ or direction more particular one in the nature of Writ of Mandamus declaring the action of 3rd respondent in refusing to allot seat to the petitioner in B.Sc., (Data Science Programme) under Application No.20240000073, Register No.24BSD7021 after satisfying with the qualification and receiving fees of Rs.58,000/- (Rupees fifty eight thousand only) at the closure of admission in remaining colleges as illegal, arbitrary, unjust and consequently direct 3rd respondent to allot the seat to the petitioner in B.Sc., (Data Science Programme) and pass such other order/orders …” 2. Contents of the affidavit, filed by the Writ Petitioner, in support of the Writ Petition, in brief, are that, the petitioner studied Intermediate in Loyola College, Vijayawada in M.E.C. group and secured 502 marks in the examination conducted by the Board of Intermediate Education in the month of April, 2024; that the petitioner applied for a seat in B.Sc., (Data Science Programme) vide Application No.20240000073 in the University of respondent Nos.2 and 3 by producing copies of all certificates; that the respondent No.3 acknowledged the application and called the petitioner for interview on 06.05.2024 and accordingly, the petitioner attended the interview and produced copies of all Certificates. (b) That the petitioner paid entire fees of Rs.58,000/- on 18.05.2024 itself and the same was acknowledged by 3rd SRK, J W.P.No.26010 of 2024 4 respondent and the petitioner was allotted a Register No.24BSD7021; that as 3rd respondent accepted the candidature of petitioner and issued provisional admission letter to the petitioner, the petitioner attended classes from 06.08.2024 to 26.08.2024 through online for the bridge course. (c) On 22.09.2024 the petitioner attended physically before 3rd respondent and produced all original certificates; that the respondent No.3 made the petitioner to open a bank account in his name in the Indian Bank, Campus branch and after completion of entire process, 3rd respondent orally informed that they were not allotting seat to the petitioner and asked him to join LL.B five years course; that by the time, the admissions for Degree in other colleges were closed. There are no laches or delay on the part of petitioner and the petitioner did not commit any suppression of material fact nor furnished any misstatement. Hence, the Writ Petition. 3. This Court vide Order dated 15.11.2024 passed the following interim order: “The respondents 2 and 3 are hereby directed to permit the petitioner to attend the classes, subject to the result of the Writ Petition.” SRK, J W.P.No.26010 of 2024 5 4. Respondent No.2 filed counter-affidavit on its behalf and also on behalf of respondent No.3, contending that the eligibility for B.Sc., (Data Science Programme) course, minimum of 55% marks in the qualifying examination is compulsory, but the petitioner got 502 marks out of 1000, which is less than the requisite qualification and after noticing the ineligibility, 3rd respondent informed the petitioner that he is not eligible; that the petitioner without approaching the respondent-University, filed the present Writ Petition making frivolous allegations. (b) That in the Press Note and in the Website of the Institution, it was already mentioned that admission to non- engineering programmes would be held based on 55% of marks in Intermediate and personal interview; that the petitioner and 35 some other students made applications as if they have requisite qualification to pursue non-engineering course in the University; that the petitioner mentioned in his application that he gained 9.8% marks in Intermediate and in the interview also, he reiterated the same, but on scrutiny of his testimonials physically, it was noticed the petitioner does not have 55% of marks as per the norms of the Institution. Even some vacancies are available in the course for which the petitioner applied, but his candidature was rejected as he does not have requisite percentage in the qualifying examination. SRK, J W.P.No.26010 of 2024 6 Some of the candidates like petitioner, who manipulated the actual information, have taken back their applications after knowing that they are not entitled to hold the seat in B.Sc., (Data Science Programme). Knowing all these facts, mother of petitioner issued notice to the respondent-University calling upon them to pay Rs.25.00 lakhs towards damages. Hence, prayed to dismiss the Writ Petition. 5. Learned counsel for the petitioner would contend that though the respondent Nos.2 and 3 satisfied with the petitioner candidature and issued Provisional Admission Letter, at the later point of time, during physical verification of original certificates of the petitioner, rejected his candidature on the pretext that the petitioner did not acquire requisite percentage in the qualifying examination as per the norms and guidelines of the respondent Nos.2 and 3. It is due to the illegal gratification and in order to sell away the seats to rich people, the petitioner was made to suffer and the belated decision of the respondent Nos.2 and 3 put the petitioner’s educational career at stake. 6. Sri Nerella S.V. Ravi Teja, learned Assistant Government Pleader for Higher Education representing respondent No.1 would contend that the acquiring minimum percentage of marks in Intermediate examination set by the respondent Nos.2 SRK, J W.P.No.26010 of 2024 7 and 3 to get admission into B.Sc., (Data Science Programme) course, is a prerequisite to be eligible and for subsequent admission process. The petitioner having furnished incorrect information is not entitled to claim seat in the said course, in which his candidature was rejected. 7. Learned counsel for respondent Nos.2 and 3 would contend that the petitioner, out of 1000 marks, acquired 502 marks in the qualifying examination and it is less than the requisite qualification. In the Notification, it was clearly mentioned that the admission to non-engineering programmes would be held based on 55% of marks in Intermediate. Learned counsel would further contend that besides the petitioner, there are 35 other students, who without having eligibility, applied to pursue non-engineering courses in the University, and all the other students have taken back their applications after knowing that they are not eligible to hold the seat. The petitioner is not eligible to pursue B.Sc., (Data Science Programme) course as he does not have requisite percentage in the qualifying examination. 8. Heard the learned counsel for the Writ Petitioner, learned Nerella S.V. Ravi Teja, Assistant Government Pleader for Education representing respondent No.1 and learned counsel for SRK, J W.P.No.26010 of 2024 8 respondent Nos.2 and 3. Perused the entire material available on record. 9. A perusal of entire material on record goes to show that the petitioner paid an amount of Rs.58,000/- on 18.05.2024 to 3rd respondent for getting admission into B.Sc., (Data Science Programme) course and he was allotted Register No.24BSD7021 and he was issued provisional admission letter on 09.05.2024. However, when the petitioner attended for physical verification of his original Certificates on 22.09.2024, it was found that the petitioner is not eligible for getting admission into B.Sc., (Data Science Programme) course, as he got only 502 marks out of 1000 marks in the qualifying examination and the minimum percentage of marks required for getting admission into the said non- engineering course is 55%. 10. The petitioner filed copy of Marks Memo issued by the Board of Intermediate Education, Andhra Pradesh at Tadepalli. A perusal of the said marks memo goes to show that the petitioner secured 502 marks out of 1000 marks and the percentage is 50.2%, which comes under ‘C’ Grade i.e. greater than 50%. Indisputably, the petitioner was issued Provisional Admission Letter, dated 09.05.2024, in which it was mentioned that the petitioner has been provisionally admitted to B.Sc.-M.Sc., (Dual SRK, J W.P.No.26010 of 2024 9 Degree) Data Science programme at VIT-AP University based on merit performance in the selection criteria, for the Academic Year 2024-2025. However, in the said Provisional Admission Letter, dated 09.05.2024 issued by the University, at point No.4, in bold letters, it was mentioned that the Eligibility criteria is a minimum of 55% in Intermediate/+2. 11. The respondent Nos.2 and 3 filed copy of Notification issued by respondent Nos.2 and 3, wherein, the course for which the petitioner made application was mentioned in the category of Non Engineering Programme and in respect of eligibility criteria for Non Engineering Programme, it was stated that the admission would be based on personal interview and 55% in +2/Intermediate. Further, in the web page of the University too, in respect of eligibility criteria for Dual Degree, minimum of 55% marks at 10+2 level/Intermediate/CBSE/HSC/or equivalent with Mathematics as one of the subjects was mentioned. 12. Besides that, the respondent Nos.2 and 3 filed the details of the application form filled by the students, in which the name of petitioner was present. As per the said details furnished by the petitioner, the petitioner was said to have furnished that he acquired 9.8% percentage in Intermediate. The said details also consist of login, IP address, date and time of login of the petitioner. SRK, J W.P.No.26010 of 2024 10 Undoubtedly, the petitioner was informed by the University authorities through e-Mail on 09.05.2024 to pay the tuition fee well in advance before the due date, but it was also informed in the said e-Mail that all admissions are subject to fulfilling eligibility criteria, discipline and conduct of the candidate. 13. Furthermore, the respondent Nos.2 and 3 filed copy of list of ineligible students, who applied to pursue Engineering and Non-Engineering Programme in the University. A perusal of the said list goes to show that nearly 36 students applied to pursue Engineering and Non-Engineering Programme in the University and subsequent to physical verification of original certificates by the University, their candidature was rejected, in which, petitioner also one of the ineligible candidates to pursue B.Sc.,-M.Sc., (Dual Degree) programme. But, except the petitioner, remaining 35 students, who applied to pursue Engineering course in the University, have withdrawn their respective applications. Since the petitioner has paid the tuition fee for pursuing B.Sc., (Data Science Programme) in the University, and as he was ineligible to pursue the said course, he was offered to join in LL.B (Five Years) course in the University, as the said course admission was based on personal interview and 45% in +2/Intermediate. SRK, J W.P.No.26010 of 2024 11 14. If the petitioner is permitted to continue to pursue B.Sc., (Data Science Programme) in the University though he did not get required qualifying percentage in Intermediate, it would make a base to other students, who are with the same set of facts and circumstances, to approach the Court and seek the relief as sought by the petitioner. When certain norms and guidelines are set by the University, it is for the students to verify as to whether he/she fulfills all the requisite qualification and is eligible to apply for pursuing the course in the University. Therefore, having regard to the entire facts and circumstances of the case, this Court did not find any ground to grant the relief as sought by the petitioner and the Writ Petition is devoid of merit and force and it is deserved to be dismissed. 15. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 8th December, 2025. DNB