Rasmita Subudhi v. The State Of A.P.

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2678 OF 2015 Date:10.02.2015 Between:

Rasmitha Subudhi .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad and others .. Respondents

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2678 OF 2015 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Higher Education, Mr. C. Sudesh Anand, learned counsel for respondent No.2 and Sri T.K. Raghuvaran, learned counsel for respondent No.3.

The issue involved in this Writ Petition is identical to the one considered by this Court in W.P.No.1763 of 2015, which was disposed of by order, dated 02.02.2015.

In this Writ Petition also the admission of the petitioner in M.B.A. Course under 30% Management Quota, was rejected by the Chairman, the Andhra Pradesh State Council for Higher Education under the impugned proceedings, dated 31.01.2015, on the ground that the petitioner has less percentage of marks (42%) and, hence, not eligible for admission. Similar matters were already considered by this Court and in W.P.No.1763 of 2015 as it was directed that the petitioner's representation may be considered by the 1st respondent under G.O.Ms.No.280, dated 25.05.2012, a similar direction is also called for in the present Writ Petition. In the present case, the examinations are scheduled to be held from 16.02.2015. Since the petitioner's admission is not approved under the impugned order, she is not given any Hall Ticket by the 3rd respondent.

In the circumstances, pending consideration of the petitioner's representation by the 1st respondent under G.O.Ms.No.280, dated 25.05.2012, as directed in that Writ Petition, the petitioner be permitted for M.B.A I Year examinations and to facilitate the same, the 3rd respondent is directed to issue Hall Ticket to the petitioner and permit her to appear for the said examinations, which are scheduled to be held from 16.02.2015. However, the result of the petitioner shall not be declared, pending finalisation of the decision of the 1st respondent and the result of the petitioner shall be subject to such decision of the Government. The petitioner shall also not be entitled to any equities merely because she is permitted for the examination under this order. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

The Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V. AFZULPURKAR, J 10.02.2015 Note:- Furnish C.C. by 13.02.2015.

(B/o) KH