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High Court for State of TelanganaWP/43186/2016dismissed no costs

Sampatarao Rajani, v. The State Of Andhra Pradesh

2016-12-14A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.43186 OF 2016 ORDER:

This petition is filed for a writ of Mandamus declaring the action of the respondents in not treating the petitioner as a local candidate of the Andhra University Area, as illegal, arbitrary, unconstitutional and in violation of Articles 14, 16, 19 and 21 of the Constitution of India and also in violation of A.P.Educational Institutions (Regulation of Admissions) Amendment Order, 2016 and for a consequential direction to the respondents to treat the petitioner as a local candidate in respect of Andhra University Area for Admission into M.Sc.(Ag.) for the year 2016-17 under Acharya N.G.Ranga Agricultural University, in terms of the G.O.Ms.No.132, General Administration (SPF & MC) Department, dated 13.06.2016.

Learned counsel for the petitioner submits that though the petitioner studied graduation in the State of Telangana in Professor Jayashankar Telangana State Agricultural University, Hyderabad, she studied up to Intermediate in Srikakulam only and that for all practical purposes she is a local candidate of Srikakulam District. It is further submitted that the petitioner appeared for the Post Graduation entrance test conducted by the 2nd respondent and obtained 111 rank, whereas the unofficial respondents who got admission in

M.Sc.(Ag.) under BC-A category for the year 2016-17 in the Andhra University, got less than the marks the petitioner obtained and their ranks are 113, 119 and 195 respectively. He further submits that the action of the respondents in treating the petitioner as non-local candidate is against the principles of natural justice and contrary to the G.O.Ms.No.132, dated 13.06.2016 and the Judgment of this Court in WP.No.23893 of 2016 dated 11.08.2016. Learned standing counsel appearing for the 2nd respondent-university submits that the admissions for M.Sc.(Ag) for the academic year 2016-17 have been completed; that the first semester classes for M.Sc.(Ag.) have been started in the month of July, 2016 and that the first semester is also going to be completed in the month of December, 2016, as such, at this juncture no interference is called for. He further submits that as per Clause-4 of the Presidential Order the petitioner is not entitled for seeking such a relief.

It is to be seen that the facts that the classes for M.Sc.(Ag.) for the academic year 2016-17 have been started in the month of July, 2016 and that the first semester is going to be completed in the month of December, 2016, are not in dispute. Further the petitioner has filed the writ petition without explaining the delay. When once the unofficial respondents are admitted and the first semester of the course

is going to complete in the month of December, 2016, now the same cannot be disturbed. More so, the petitioner is not diligent enough in approaching this Court at right time. Only on this ground, without going into other contentions, the writ petition is dismissed. No order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 14.12.2016 tk