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Judgment
This Writ Petition is filed by the petitioner to issue Writ of Mandamus declaring the action of the respondents in not considering the petitioner’s candidature under the non-local category for allotting seat in LL.B 3 years degree law course as illegal, arbitrary and in violation of fundamental rights and to allot seat in LL.B in TS LAWCET-2020 admissions.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.2 to 4.
The learned counsel for the petitioner submitted that the petitioner appeared for Telangana State LAWCET-2020, common entrance test for 3 year LL.B course stream and got qualified with rank 5403 and applied for participation in admission process through web counselling, but her name was not included in the list of eligible candidates. She was informed by the Convener, TS LAWCET-2020 vide email dated 4-1-2021 that as she had pursued total study in a state other than AP and TS, she could take admission under National Integration Quota/Management Quota and advised her to contact Government College for NIQ directly. On such instructions, the petitioner applied to the Principal, University College of Law, Osmania University on 6-1-2021 and participated in admission under NIQ but could not get a seat as the available free seats were filled with candidates having higher merit than her. She was informed to approach Kakatiya University for admission under NIQ as the same was a Government College. The petitioner applied to the said University but did not receive any communication. On her enquiry, she was informed that the admission into 3 year LL.B course under NIQ could not be considered without specific directions from Vice-Chancellor or Registrar of University or through TS Higher Education Counsel, as it was a policy matter and could not be taken at college level. The petitioner appeared for spot admissions at Manair College of Law, Khammam for left over seats of convener quota and got selected, but her admission was not ratified by the 4th respondent and informed that as she had pursued her total study in a state other than AP and TS, she could take admission under National Integration Quota/Management Quota.
The learned counsel for the petitioner further submitted that the father of the petitioner was a native of Rajavaram Village of Gampalagudem Mandal and the mother of the petitioner was a native of Tiruvuru Town and Mandal, both from Krishna District, AP. The father of the petitioner studied upto 5th class in Government Primary School at his native place at Rajavaram village and there after upto SSC in ZPHS School at Penugolanu village of Gampalagudem Mandal, Krishna District, AP and resided there upto July, 1974 and thereafter he studied ITI at Vijayawada from 1974-1976. Later did his apprenticeship from 1978-79 and temporary job in AP State until he got job in Karnataka State in 1979. The mother of the petitioner studied upto SCC at Tiruvuru Town and Mandal and stayed there until her marriage in the year 1984. The father of the petitioner retired as a Senior Manager in National Mineral Development Corporation Limited at “Donimalai”, Bellari District of Karnataka State in June 2019. The petitioner studied in the said township and later at Bellari. She got married in the year 2016 and since then residing along with her husband at Hyderabad. The petitioner could not produce the Nativity Certificate of her parents from Revenue Authorities from the State of AP as they informed that it would be given to only present residents, but not to previous residents. She produced her father’s SSC certificate and TC in proof of his study but the same was not accepted by TS LAWCET-2020 Convener. It was the responsibility and bounden duty of the respondents to provide admission to the petitioner either in Government Law College under National Integration Quota or in any other college under Convener quota considering her as a non-local candidate. The petitioner could not be deprived of study because of reasons beyond her control and prayed to allow the writ petition.
The learned Standing Counsel for respondent Nos.2 to 4 submitted that the admissions for the academic year 2020 were closed and the Government had to take a stand on National Integration Quota to be provided for all other Universities, as it was a policy matter and prayed to dismiss the petition.
As the admissions for the academic year 2020-21 were closed, the petition becomes infructuous. However, it is fit to decide as to whether the petitioner would be entitled to be considered as non-local candidate or otherwise. As per the definition of non-local candidate as specified in the Presidential Order under Article 371-D in consonance to Section 95 of AP Reorganization Act, 2014:
“(C). The Non-Local Candidate means
Candidates coming under any of the categories given below and not satisfying the conditions mentioned in 1 or 2 above are treated as Non-Local to Osmania University Area
(a) candidates who have resided in Telangana and Andhra Pradesh States for a total period of 10 years excluding periods of study outside in Telangana and Andhra Pradesh States (see Annexure – IV) or
(b) Candidate’s either of whose parents have resided in Telangana and Andhra Pradesh States for a total period of ten years excluding the period of employment outside in Telangana and Andhra Pradesh States(see Annexure – IV) or
(c) Candidates who are children of parents who are in the employment of in Telangana and Andhra Pradesh States or Central Government, Public Sector Corporations, Local Bodies, Universities and other similar quasi-public institutions, within the state, at the time of submitting the application (see Annexure – IV) or
(d) Candidates who are spouses of those in the employment of the state or Central Government, Public Corporations, Local Bodies,Universities and Educational Institutions recognized by the Government or University OR other competent authority and similar quasi Government Institutions within in Telangana and Andhra Pradesh States, at the time of submitting the application (see Annexure – IV).
If a local candidate in respect of a local area is not available to fill any seat reserved or allocated in favour of a local candidate in respect of that local area, such seat shall be filled if it had not been reserved.”
As the petitioner’s parents resided in Andhra Pradesh State for more than 10 years excluding the period of employment outside as per clause C (1)(b), the petitioner can be considered as a Non-Local candidate to OU area.
As such, it is considered fit to dispose of the writ petition with a direction to consider the candidature of the petitioner as a Non-Local candidate, if she was qualified in the LAWCET in future.
In the result, the writ petition is disposed of with the above direction. No order as to costs.
Miscellaneous Petitions pending, if any, shall stand closed.