Petitioner Was Ineligible To Write Entrance Test, Can't Take Advantage Of University's Improper Verification For Admission: Andhra Pradesh High Court

The Andhra Pradesh High Court in a recent writ petition observed that a candidate who is ineligible to appear in an entrance exam on the date of application, cannot take advantage of the University's improper verification of eligibility criteria and claim right to appear in the counselling round.Justice U. Durga Prasad Rao observed,"the petitioner cannot claim any legitimate right for grant of a seat for the main reason that the petitioner having full knowledge about the eligibility criteria fixed in the entrance test notification and also knowing that she was over aged by 31.12.2021, still applied for entrance test. It is not a case of her acquiring disability on a subsequent turn of events."Nevertheless, the Court asked the University concerned to consider the petitioner's case sympathetically and to accommodate the petitioner in the seat reserved in EWS quota pursuant to a previous direction, provided no other eligible candidate proposes to take admission for that seat.Brief Facts The petitioner had filed a writ seeking writ of mandamus to declare the action of respondent University in not allowing the petitioner to download the call letter for general counselling for B Tech programme on the ground of her over age as per the norms of University as illegal, arbitrary and against principles of natural justice.The petitioner applied for the common entrance test for B. Tech programme offered by Rajiv Gandhi University of Knowledge Technologies, Andhra Pradesh (RGUKT). Her application was successfully uploaded and online entrance test hall ticket was generated. The petitioner appeared for the entrance examination and secured category merit rank 433 under EWS quota. The petitioner was confident to get a seat in B. Tech as per the rank. Subsequently the University published the schedule for attending counselling on the basis of rank. But the petitioner was not able to download her call letter and she got the notification that she was over aged as per the norms of University. She moved the writ petition as she did not get any satisfactory response from the University. Contentions of both sides Mr. Janardhana Reddy, counsel for petitioner argued that since University has accepted the application of the petitioner to attend entrance test, allotted hall ticket number and permitted her to write the test, issued rank, it will be unjust at this stage to disallow the petitioner from attending the counselling for allotment of the seat on the sole ground that the petitioner was over aged. With honest and bonafide belief, the petitioner did not take admission in any other college. Mr. Pithani Chandrashekar Reddy, standing counsel argued that a candidate who intends to take admission test shall fulfill the eligibility condition that he/she has not completed 18 years of age and the petitioner has crossed 18 years by 3 months and 10 days. The petitioner had read the eligibility criteria and she knew that she was not eligible for admission. Even then, she applied for the common entrance test which was not fault of the respondent University. Court's Observations The Court noted that the petitioner acquiring disability is not a case of subsequent turn of events. The Petitioner cannot bank upon the mistake of University, as she was very much aware of the fact that she was over aged even on the date of submitting application for entrance test. Therefore, at the outset the petitioner has no legal right to claim a seat. However, the Court observed that when the matter is considered in larger perspective, it must be stated that there is some fault on part of respondent university for not making proper verification of eligibility criterion at the inception and agony would have been averted to her. "In these circumstances, though not as a matter of right, equality requires that the respondent authorities shall consider the case of the petitioner with sympathy in the light of reserving one seat by order of this Court." The writ petition was accordingly disposed of. Cause Title: Devu Poojitha Versus The State of Andhra PradeshCitation: 2022 LiveLaw (AP) 13Click Here To Read/Download Order

Petitioner Was Ineligible To Write Entrance Test, Can't Take Advantage Of University's Improper Verification For Admission: Andhra Pradesh High Court

Jagriti Sanghi

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