M Srikanth, Hyd Dist. v. Prl.Secy., Higher Education Dept., Guntur Dist. And 3 Others
THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.38893 of 2017 ORDER:
Heard Mr.
Koppula Gopal, for petitioner, Mr.B.Kishore, for 2nd respondent and Mr.Gandham Bhasker for respondent No.4.
On 17.11.2017, this Court ordered personal notice to respondents, and on 04.12.2017, the 4th respondent, in spite of receipt of notice, did not appear as such, this Court directed appearance of the Principal of 4th respondentcollege, who is present today. Counter affidavit of 4th respondent is filed. The petitioner prays for mandamus declaring the action of 4th respondent in not forwarding the certificates of petitioner received by 4th respondent through 2nd respondent herein for confirmation of spot admission of petitioner in 4th respondent-college, as illegal and unconstitutional. The petitioner prays for a direction to 2nd respondent to confirm the admission of petitioner for 1st year B.Tech (CSE) in 4th respondent-college.
The petitioner has got spot admission in 4th respondentcollege. According to the academic calendar issued by the competent authority, 4th respondent-college is required to
follow the schedule communicated to it vide communication dated 12.09.2017.
The fact in issue in the case of hand is whether the petitioner, to enable the 4th respondent and 2nd respondent to confirm admission, has given all the original certificates or not?
The case of the petitioner is that petitioner has given all the original certificates on 24.10.2017 and in spite of receiving the originals, the admission is not confirmed. The petitioner substantially has a grievance against 4th respondent. In the final analysis of this order, I will transpire that the grievance is slightly misplaced and petitioner, while covering up the lapses on his part in giving the original certificates well within the time, has coined the prayer as stated above. Be that as it may. From the admitted circumstances, it is evident that from July, 2017 onwards, petitioner has been attending classes and on account of petitioner's difficulty in securing certificates, he could not confirm to the timelines stipulated by 2nd respondent and followed by 4th respondent. The management shall adhere to the following schedule for admissions, uploading and payment of processing fee/late fee/service fee as fixed by the Competent Authority and
upload and submit proposals separately for various categories of admissions mentioned above. The cutoff dates for submission of admission lists for ratification by the Competent Authority shall be the same or SW-I, SW-II, SW-III and for admissions made under 15% supernumerary quota. Last date for uploading details of Management/Convener/Supernumerary quota of seats in the web portal -Without late fee 21-09-2017 Last date for freezing of uploaded details without late fee 21-09-2017 Last date for payment of processing fee without late fee 22-09-2017 Last date for uploading details of Management/Convener/Supernumerary quota of seats in the web portal-With late fee of Rs.
2000/- per day 22-09-2017 Last date for freezing of uploaded details with late fee 26-09-2017 Last date for payment of processing fee with late fee 27-09-2017 Last date for submission of hard copies of documents of candidates admitted On or before 0310-2017 [on working days only] Details of processing fee to be paid Status of the candidate OC/BC SC/ST Qualified in CET concerned 1200/- 600/- Not qualified/not appeared in CET concerned 1700/- 1100/- For Supernumerary 5% seats of FN/PIO/CNWGF 5,000/- 5,000/- Late fee levied after the stipulated date but up to the cut-off date:Rs.2,000/- per day Paragraph No.
excerpted above provides for consideration and confirmation of admission of a student who could not supply the originals within the time stipulated by 2nd respondent. The petitioner, being a student, has been attending classes and since late fee is also provided, it enables the 2nd respondent to confirm admission. Though this Court is not happy with the manner in which it is stated
by the petitioner, still to give an opportunity to petitioner, disposes of the writ petition by this order.
"(1) The petitioner is given liberty to approach 2nd respondent by enclosing a copy of this order and inform the 2nd respondent that he is prepared to pay late fee between cut off date and the date on which it is submitted to 4th respondent.
(2) The 2nd respondent, on receipt of representation and late fee, considers the case of petitioner and a decision on confirmation is taken."
The above exercise, the 2nd respondent considers completing within two (02) weeks from the date of representation from petitioner.
Writ petition is accordingly disposed of. No order as to costs.
Miscellaneous petitions, if any, pending, shall stand closed.
________________ S. V. BHATT, J Dt: 14.12.2017 dv