THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24955 of 2014 Between:
Juttu Hima Bindu And Dated 16th December, 2014 …Petitioner State of Telangana, rep.by its Principal Secretary to Higher Education Department, Secretariat, Saifabad, Hyderabad and others …Respondents Counsel for the petitioner: Sri Srinivas Ambati Counsel for respondent No.1: AGP for Higher Education Counsel for respondent Nos.2 to 5: Sri T.Durga Reddy The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent No.2 in not providing admission into Ph.D., in Agricultural Microbiology to the petitioner as illegal and arbitrary.
The petitioner has completed her M.Sc., (Agriculture) by securing first rank. She has applied to respondent No.2 for registering herself for Ph.D., in Agricultural Microbiology for the academic year 2014-15. Respondent No.2 has registered the applications of respondent Nos.6 and 7 while denying registration to the petitioner. This action is assailed in this writ petition.
On behalf of respondent No.2, its In-charge Registrar has filed a counter affidavit, wherein it is inter alia stated that there is only one seat available for Ph.D., in Agricultural Microbiology and that respondent No.6, who belongs to BC-B category, was given admission. It is further stated that as no candidate under BC-C category was given a seat, respondent No.7 was also accommodated. Under proviso to Rule 4 of the Prospectus of respondent No.2, issued for the academic year 2014-15, while providing rule of reservation, the first candidate in the merit list of any major field or discipline shall not be denied a seat, but the said proviso shall not be applicable to a major field or discipline in which there is only one seat.
The purport of this Rule is where only one seat in a major field or discipline is available, first candidate in the merit list need not be provided a seat. This necessarily means that if there is only one seat, it goes to reserved category. Though this Court feels that such a Rule is not in conformity with the law declared by the Supreme Court, as the petitioner has not chosen to question this Rule, this Court refrains from examining its legal validity.
Having regard to the fact that the only seat available in Ph.D., Agricultural Microbiology was allotted to respondent No.6 in order to accommodate a reserved category candidate and even the additional seat created by respondent No.2 was allotted to respondent No.7 who also belongs to a reserved category, no relief can be given to the petitioner.
For the above-mentioned reasons, the writ petition is dismissed.
As a sequel to dismissal of the writ petition, W.P.M.P.No.31226 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 16th December, 2014
VGB