Shaik Suhana v. Union Of India

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.23548 OF 2018 ORDER ::

This writ petition is filed seeking to issue a writ of mandamus declaring the action of the 3rd respondent in not allotting the (B.E./B.Tech) seat to the petitioner having received the fee and completing all the admission process on the ground that the petitioner does not possess 75% of marks in Class XII as being illegal, arbitrary and violative of Article of the Constitution and consequently direct the respondents to allot seat to the petitioner.

2.

Heard learned counsel for the petitioner, learned Asst. Solicitor General for respondents 1 and 2 and learned counsel for respondent no.3.

3.

Learned counsel for the 3rd respondent basing on the counter affidavit filed submits that the Business Rules of JoSAA, i.e. the regulations which govern the admissions and which are made available in the website for the facility of the candidates, prescribes the eligibility criteria. It is further stated that as per the regulations, the petitioner failed to secure minimum qualifying marks in XII class or equivalent to meet the eligibility criteria for allotment of seat into NITs, IIITs and other GFITs and therefore her case could not be considered.

4.

It is to be seen that the regulations prescribe certain cut off marks to be secured by the candidates in XII Class or equivalent to be eligible for allotment of seat. Petitioner's counsel states that prescribing to score not less than 75% marks in XII Class for getting allotment of seat is illegal and the petitioner was never informed of such a requirement mentioned in the regulations. But, this submission of the petitioner cannot be countenanced for the reason that the regulations are placed in the website and the regulations governing the admission process has to be followed by respondents in granting admission. The petitioner without challenging the regulations, cannot seek for allotment of seat contrary to regulations. Therefore, no mandamus can be issued contrary to the regulations framed for admission process. The writ petition is meritless and it is accordingly dismissed. Miscellaneous petitions, if any pending in this case shall also stand disposed of. There shall be no order as to costs.

__________________________ A. RAJASHEKER REDDY, J Dated: 24-08-2018 NRG

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.23548 of 2018 //WEB// Dated: 24-08-2018 NRG