N.Sreeja v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25334 OF 2018 ORDER :

This Writ Petition is filed seeking writ of mandamus declaring the action of the 2nd respondent in issuing notification dated 09.07.2018 to fill up 20% of supernumerary seats in 2nd year M.C.A course (Lateral Entry) allowing the B.Sc. degree holders with study of Computer Science and Information Technology as one of the subject as illegal and arbitrary and also contrary to the guidelines issued by the AICTE and G.O.Rt.No.505, dated 08.07.2013 and consequently to set aside the same.

Heard learned counsel for the petitioners, learned Government Pleader for Higher Education for 1st respondent and Sri V.Kishore, learned Standing Counsel for 2nd respondent. The Government issued G.O.Rt.No.505, Higher Education (EC/A2) Department, dated 08.07.2013, wherein the qualification for the lateral entry in MCA is BCA or Degree holders in IT/CS with Mathematics at 10+2 or Degree level, obtained at least 50% marks (45% in case of reserved categories) in qualifying examination. But contrary to the same, the impugned Notification dated 09.07.2018 was issued, wherein all BCA Degree holders and also BSC degree holders with study of Computer Science or Information Technology as one of the subjects are eligible to lateral entry into 2nd year MCA.

Learned counsel for the petitioners submit that the Degree Holders with Information Technology and Computer Science are alone entitled for lateral entry into 2nd year MCA, but not the students of Computer Science and Information Technology, as one of the subjects and that the impugned Notification to that extent is inconsistent with G.O.Rt.No.505, dated 08.07.2013. On the other hand, Sri V.Kishore, learned Standing Counsel for 2nd respondent, on instructions, submits that admission into 2nd year MCA through lateral entry will given strictly in terms of G.O.Rt.No.505, dated 08.07.2013, since the impugned notification cannot go beyond the G.O.Rt.No.505, dated 08.07.2013. Recording the submission of the learned Standing Counsel for the 2nd respondent, this Writ Petition is disposed of directing the respondents to strictly follow G.O.Rt.No.505, dated 08.07.2013 while admitting students into 2nd year MCA through lateral entry.

With the above direction, this Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 23.07.2018 Note: Issue cc tomorrow.

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HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25334 OF 2018 Date: 23.07.2018 kvs