When The Matter Is Taken Up For ... vs Unknown
2023 Latest Caselaw 46 AP

    HON'BLE SRI JUSTICE K.SURESH REDDY

                   W.P.No.54 of 2023

ORDER:-

     Questioning the inaction of the 2nd respondent in

ratifying the admission of 'out of state students', who

were admitted into the 2nd respondent-institution, to

pursue the Polytechnic Courses for the academic year

2022-203, the present writ petition is filed.

When the matter is taken up for "Admission", the

learned counsel for the petitioners submitted that the

issue involved in this writ petition is squarely covered by

the common order, dated 20-11-2009, passed by this

court in W.P.No.24581 of 2009 and batch.

On the other hand, the learned Government Pleader

for Technical Education, while opposing the above said

submission of the learned counsel for the petitioners,

vehemently contended that the extant Rules are clear to

the effect that the only local candidates are eligible to be

admitted into the Seats through the process of

A.P.Polycet; that according to the petitioners, the

students who took the "spot admission" are the

outside/non-local of the A.P. State and that they are not

entitled for 'spot admission'.

It is pertinent to note that in a catena of

judgments, this court time and again held that quite

large number of seats remained vacant and on account

of non-availability of the local candidates, the concerned

Convenors handed over the unfilled seats to the

managements of the institutions to fill them through the

process of 'spot admission'. It is an admitted fact that

even for making 'spot admission', the institutions have to

follow the rules of reservations. Except stating that the

petitioners do not hail from the State of Andhra Pradesh,

no other valid reason is stated by the learned

Government Pleader. Moreover, this court has

entertained a similar grievance, as is nurtured in the

present writ petition.

Accordingly, this writ petition is also allowed in

terms of the common order, dated 20-11-2009, passed

by this court in W.P.No.24581 of 2009 and batch. No

order as to costs.

Registry is directed to append a copy of the

common order, dated 20-11-2009, passed by this court

in W.P.No.24581 of 2009 and batch, along with this

order.

Miscellaneous Petitions pending, if any, shall stand

closed in consequence.

__________________ K.SURESH REDDY,J 03-01-2023.

TSNR