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APHC010422632023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)

FRIDAY ,THE TWENTY SIXTH DAY OF APRIL

TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 21993/2023

Between:

K S Prudhvi ...PETITIONER

AND

The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. KATARI RAMA RAO

Counsel for the Respondent(S):

1. GP FOR HIGHER EDUCATION

2. M CHINNAPPA REDDY (SC FOR VSU NLR )

3. M CHINNAPPA REDDY (SC FOR VSU NLR )

4. V VINOD K REDDY

5. S PARINEETA

6. MAHESWARA RAO KUNCHEAM

7. MAHESWARA RAO KUNCHEAM

The Court made the following:

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ORDER:

This Writ Petition is filed challenging the action of the 4th

respondent in issuing proceedings dated 20.06.2023 in rejecting the

admission into 5 years Law Course without issuing any notice or

afford opportunity of hearing as arbitrary, illegal and consequently

direct the respondents to accept the petitioner admission into L.L.B. 5

years course without insisting 42% in intermediate and also permit to

pay examination fee for 2nd semester examinations.

2. The case of the petitioner, in brief, is that petitioner herein,

after completing 10th class, has joined intermediate (H.E.C.)

education. But, in view of the pandemic situation during 2020, the

State Government has decided to promote the 1st year intermediate

students without examinations, as such the petitioner was also

promoted without appearing for public examination. Thereafter, the

Board of Intermediate Education has conducted pubic examination

for 2nd year students, wherein the petitioner has secured 46.8% of

marks and has completed intermediate education in the month of

May, 2022. Subsequently, in pursuance of the notification dated

20.02.2023 issued by the 5th respondent for admission into 5 years

B.L., under management quota, the petitioner has applied for the
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same and has joined in the 5 years L.L.B., by submitting all the

original certificates and by paying the college fees. Thereafter, the

respondent University has issued examination notification for 1 st

semester examination, for which the petitioner has paid the requisite

fee and when he has approached the University for collecting hall

ticket, he was informed that hall ticket cannot be issued in his favour

as he has secured less percentage of marks in intermediate i.e.

40.9%. Aggrieved by the same, the petitioner has approached this

Court by way of a Writ Petition vide W.P.No.14023 of 2023, seeking

a direction to the respondents to permit the petitioner to appear for

the 1st semester examination conducted by the University. On

14.07.2023, this Court disposed of the W.P.No.14023 of 2023,

operative portion of which reads as under:

“…Accordingly, the present Writ Petition is disposed of, by granting

liberty to the petitioner to challenge the proceedings dated
20.06.2023…”

3. The main grievance of the petitioner is that if the 5th

respondent has any objection, they would have rejected the case of

the petitioner at the time of admission itself or before commencement

of classes of 1st semester of 5 years L.L.B. course, then the petitioner

would have taken appropriate decision regarding his educational

career. But, instead of doing so, the respondents at the time of

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issuance of the hall ticket after completion of 1 st Semester, has

raised an objection that the petitioner secured less percentage of

marks in the intermediate education. Aggrieved by the action of the

respondents, the present Writ Petition is filed.

4. The 4th respondent has filed a detailed counter, wherein it is

stated that the 4th respondent has to follow the directions of The

APSCHE, Guntur while admitting the students of the 5 year B.A.,

LL.B. Course at V.R. Law College. As per the guidelines of Bar

Council of India, a candidate, in order to be eligible for admission into

5 years Law Course should have passed two years Intermediate

Examination (10 + 2 pattern) with 45% of aggregate marks or any

other examination recognised as equivalent by the University

concern or The Board of Intermediate Examination, Andhra Pradesh.

The candidate has to obtain 45% of marks in the intermediate or

equivalent examination if he / she belongs to Other Category, 42% of

marks if he/she belongs to Backward Classes Category and 40% of

marks if he/she belongs to Schedule Caste or Schedule Tribe

Community Category. In the present case, the APSCHE has given

notification on 20-02-2023 to call for applications by the college

under Spot and Management Quota (Cat-B) admissions through

local news paper advertisement on 24-02-2023. Accordingly, the

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college has given advertisement and has collected the applications

submitted by the candidates seeking admission into 3/5 years Law

course. It is the practice of the college to give Admission Card and

Matriculate Returns Form which were issued by the college, to be

filled by the candidate with their own hand writing so that the details

can be quickly uploaded in the APSCHE website. At the time of

accepting the applications from the candidates it is clearly informed

to all the candidates, including the petitioner herein that their

admissions are only provisional and are subject to ratification made

by the APSCHE.

5. It is further stated that in the instant case the petitioner, though

has obtained only 40.9% of marks has committed fraud by

fraudulently misrepresenting that he has obtained 45% of marks in

Intermediate in the Matriculate Returns form which was submitted by

him to the college. The petitioner, deliberately, with malafide intention

has filled the Admission Card and Matriculate Returns form,

misguiding the college authorities about the prescribed percentage

that he got in the qualified examination which was uploaded as it is,

into the APSCHE website. The petitioner has got only 40.9% of

marks in the qualifying examination (Intermediate: Admission for 5

Years B.A., LL.B., Course) but has mentioned and submitted in his
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application that he has got 45% of marks. The college followed the

instructions given by APSCHE and have uploaded his marks

statement and certificates into the APSCHE Portal. The APSCHE,

after a thorough scrutiny of the petitioner's intermediate marks

statements found him to be ineligible as he got only 40.9% of marks

in the intermediate examination and found him to be ineligible for the

course as per the Bar Council of India guidelines and rejected his

admission. As such, there are no merits in the present writ petition

and the same is liable to be dismissed.

6. The respondent No.5 also filed counter in the similar lines as

stated by the respondent No.4. It is further submitted that as per the

norms and standards prescribed by the respondent No.6, the

eligibility criteria of percentage in qualifying examinations

(Intermediate or Equivalent) are subject to pass percentage of 45%

for General Category, 42% for OBC category and 40% for SC/ST

category for 5 years LLB Course. In fact, the very same eligibility

criteria were notified in the A.P. LAWCET 2022 admission guidelines

fir Category – A seats (Convener & Spot) and for Category –B

admissions as well. It is further submitted that soon after the 4th

respondent admitted the candidates under Management quota, this

5th respondent verified the eligibility criteria of the admitted

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candidates list for approval/ratification. On verification, it is found

that the petitioner did not satisfy the eligibility criteria in qualifying

examination. Though the petitioner has obtained 40.9%, while filing

the application the petitioner mentioned the marks as 409 out of 1000

and filled the percentage as 45% by over writing in the application.

The 4th respondent as well as the 5th respondent, have no power to

relax the basic eligibility criteria as prescribed b the 6th respondent.

The 5th respondent has issued proceedings by ratifying

(approval/reject) the admissions made by the 4th respondent under

Category B quota on 30.03.2023 in college login. Thereafter, the 4th

respondent displayed the ratified list immediately on 01.04.2023 in

college notice board. The petitioner knowing well that his admission

was not approved by the competent authority has misrepresented in

the affidavit that he was attending the classes during both 1st and 2nd

semester in the 4th respondent college, which is totally false.

Accordingly, requested this Court to dismiss the present Writ Petition.

7. Heard learned counsel for the petitioner and learned counsel

appearing for the respondents. Perused the material on record.

8. As seen from the AP LAWCET 2022 Spot admissions

Notification, dated 20.02.2023, the percentage for qualifying

Examination to get admissions are mentioned for the General

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Category is 45% and above in Intermediate Examination. Whereas

the petitioner has obtained 40.9%, which indicates that the petitioner

is not entitled for admission into the Management quota. Moreover,

the respondents also stated that the admission of the students are

only provisional and will become final only on the ratification made by

the APSCHE. Accordingly, when it was verified that the petitioner

secured only 40.9% in the intermediate Course, his admission was

rejected, which was also displayed in the APSCHE web portal. In

view of the same, this Court finds no grounds, which warrants

interference of this Court.

9. Accordingly, the Writ Petition is dismissed. However, the

petitioner is at liberty to make a representation to the respondent

College for refund of the fee, if any paid, which shall be considered

by the respondents in accordance with law. There shall be no order

as to costs.

As a sequel, miscellaneous applications pending, if any, shall

also stand closed.

____________________
JUSTICE V. SUJATHA

Date: 26.04.2024
Pnr