HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.31696 of 2014 Date:21.10.2014 Between:
Kayitha Vilakar, S/o Kayitha Komuraiah . Petitioner And:
The Convener, EAMCET-2014 (Agr. & Medical), Jawaharlal Nehru Technological University, Hyderabad and another.
. Respondents Counsel for the Petitioner: Sri Jithender Rao Veeramalla Counsel for Respondent No.2: Sri T.Durga Reddy The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents in not permitting the petitioner to participate in the second and final round of counselling for admissions into B.Sc. (Ag) as illegal and arbitrary.
The facts pleaded by the petitioner make this a somewhat hard case. The petitioner belongs to an agricultural family with rural background. In EAMCET- 2014, he has secured a rank of 8,847. As per the policy of the State, 40% of the seats are reserved for candidates coming from the families of agriculturists of rural areas and actually engaged in and owning not less than three acres of land, having studied for a minimum period of four years in schools located in non-municipal areas. The petitioner pleaded that along with the application, he has produced certificate showing that his family owns Acs.2.35 guntas of land besides producing certificate that he has studied for a minimum period of four years in schools located in non-municipal areas. Evidently, in view of the fact that the land owned by the petitioner’s family fell short by Ac.0.05 guntas for the required Acs.3.00, the petitioner was not allotted seat in the first round of counselling under the Farmers’ quota. The petitioner further pleaded that as an extent of Ac.0.20 guntas of land in Survey No.101/A of Incherla Village was not included in his family holding, due to absence of mutation, his father has approached the Tahsildar, Mulugu Mandal, Warangal District, who has given a revised certificate including the said land in the petitioner’s family holding. As per the said certificate, the petitioner’s family owns Acs.3.15 guntas of land.
Respondent No.2 has issued notification for the second and last counselling for OC candidates belonging to Farmers’ quota and the counselling is fixed from 2 pm on 25.10.2014 for students with rank Nos.10,115 to 12,314 of Osmania University area. As the petitioner’s rank is 8,847, he is denied the opportunity of participating in the said counselling. Therefore, he has filed the present Writ Petition.
Sri T.Durga Reddy, learned Standing Counsel for respondent No.2, has submitted that as the petitioner failed to produce the required certificate showing that his family owned Acs.3.00 of land, he was not allotted seat in the first round of counselling and that having exhausted his chance, the petitioner cannot seek a direction to the University to consider his candidature in the second round of counselling.
It is no doubt true that the petitioner could not produce the required certificate satisfying the criterion of owning Acs.3.00 of land. If we consider the petitioner’s case from a rigid stand point, the stand of the University cannot be found fault with. However, one cannot be oblivious of the background in which the petitioner has come from. The certificate initially produced by him is tantaligualy close to the prescribed extent, but it fell short by a few guntas. Undisputedly, the petitioner is a native of an interior village in Warangal District hailing from farmers’ community. It is, therefore, reasonable to presume that his family is not well versed with the strict requirements for securing a seat. The very fact that the State Government has made a reservation for the students belonging to farmers’ community hailing from rural background, itself would show that this category needs to be shown a special consideration given their illiterate or semiliterate background. Now that the petitioner is able to secure a certificate showing that he has fulfilled the required criterion, consideration of his case would not prejudice the interests of the University or any other student. The petitioner is not seeking to disturb the allotment of seats already made in the first round of counselling. All that he wants is consideration of his case at least in the second round of counselling based on the fresh certificate issued by the Tahsildar concerned.
In the light of these facts, I am of the opinion that this is a fit case where the request of the petitioner deserves to be accepted. Accordingly, the respondents are directed to permit the petitioner to participate in the counselling scheduled to be held from 2 pm on 25.10.2014 under Farmer’s quota. The petitioner is permitted to produce the original certificate issued by the Tahsildar, Mulugu Mandal, Warangal District, on which he is placing reliance. On production of such certificate, the respondents shall consider the petitioner’s case and allot him a seat, subject to their satisfaction that the family of the petitioner owns Acs.3.00 of land and the petitioner satisfies all other criteria for admission in B.Sc (Ag) course.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.39620 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
21st October, 2014 Note:
Issue CC today. B/o
DR
JUSTICE C.V.NAGARJUNA
REDDY