Acharya Nagarjuna University ... vs Gurram Bhagya Raju
2023 Latest Caselaw 4190 AP

    IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

   HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
                                &
           HON'BLE MR. JUSTICE T. MALLIKARJUNA RAO

                   WRIT APPEAL No.838 OF 2023


Acharya Nagarjuna University College of Arts,
Commerce and Law (ANUC),
Through its Principal,
Acharya Nagarjuna University-522510 and two others.

                                              ... Appellants

                              Versus

Gurram Bhagya Raju,
S/o. Gopala Rao, aged 33 years,
R/o. 8-17, Peddavadlapadi Village,
Mangalagiri Mandal, Guntur District & two others.
                                             ...Respondents

Counsel for the Appellants : Mr. M. Murali Lincoln Standing Counsel for ANU

Counsel for the respondents : Mr. K. Indraneel Babu

- R1

Government Pleader for Higher Education

- R2

Mr. T. Niranjan Babu, Standing Counsel

- R3 HCJ & TMR, J

Dt.: 12.09.2023

PER DHIRAJ SINGH THAKUR, CJ

The present writ appeal under Clause 15 of Letters Patent has

been preferred against the judgment and order dated 15.06.2023 in

W.P.No.4002 of 2023, whereby while allowing the writ petition filed

by the writ petitioner/respondent No.1 herein, costs of Rs.15,000/-

were imposed upon the Head of the Department of Rural

Development, Acharya Nagarjuna University, who is respondent

No.4 in the writ petition and appellant No.3 herein.

2. Briefly stated, the material facts are under:

The Acharya Nagarjuna University invited applications from

eligible candidates inter alia for admission to the Course of M.A. in

Rural Development. The petitioner came to be selected for the said

course and was granted admission. Subsequently, the Head of the

Department of Rural Development/respondent No.4 in the writ

petition addressed a communication dated 10.01.2023 to the

Principal, University College of Arts, Commerce and Law, and

sought cancellation of the admission of the petitioner, on the

ground that he was not eligible to seek admission, in view of the

fact that he had undergone the P.G. Degree of M.B.A. (I.B.) which

was a Professional Course and was thus ineligible as per the HCJ & TMR, J

prescribed eligibility condition reflected in the prospectus. The

relevant clause of the prospectus issued by the university

prescribing the eligibility condition envisaged as under:

"List of Post Graduate Courses for APPGCET -2022

Note: Professional degrees are B.E., B.Tech., M.B.B.S. and B.U.M.S. The candidates are advised to ensure that they are eligible for the course/subject they are applying for. Candidates with Professional degrees B.E./B.Tech., M.B.B.S./B.U.M.S. are not eligible for courses with codes PG001 To PG011; PG013 To PG016; PG042 To PG044; PG052; PG053 And PG077."

3. The writ Court having considered the matter, came to a

conclusion that the writ petitioner was not ineligible, inasmuch as

only those candidates with Professional degrees in B.E./B.Tech.,

M.B.B.S./B.U.M.S. would not be eligible for courses with codes

PG001 To PG011; PG013 To PG016; PG042 To PG044; PG052;

PG053 And PG077 and further that the petitioner had applied for

the M.A. Rural Development Course which contained the code

PG034 which thus did not fall under the prohibited list.

3.1 Having found a prima facie case in favour of the writ

petitioner, the writ Court summoned the Registrar of the Acharaya

Nagarjuna University who admitted that there was a bona fide

mistake on her part and that she had not personally verified the HCJ & TMR, J

facts and acted purely on the advice of the Head of the Department

of Rural Development, believing the same to be correct.

4. As per the judgment and order impugned, the Registrar,

Acharya Nagarjuna University informed the writ Court that the

impugned action of cancellation of the admission was unsustainable

in view of the conditions in the prospectus and that she would take

steps to withdraw the order, of cancellation of the admission of the

writ petitioner.

4.1 Immediately, thereafter the university withdrew the order of

cancellation vide order dated 10.05.2023 and the grievance of the

writ petitioner thus stood redressed.

5. However, the writ Court observed that the Head of the

Department of Rural Development/respondent No.4 in the writ

petition had reflected extreme degree of non application of mind

despite having possessed high educational qualifications of M.A.,

B.Ed., M.Phil., Ph.D. The writ Court further held:

" The eligibility conditions for securing admission are clearly set out in the Prospectus. On a perusal of this Prospectus, it appears to this Court that a person of ordinary prudence and minimum education could have read and understood the eligibility conditions. The Writ Petitioner, by no stretch of imagination, could have been declared ineligible HCJ & TMR, J

for seeking admission into M.A. Rural Development Course (with code bearing PG034), and therefore, the negligence by which this Head, Department of Rural Development has passed the Order for cancelling the admission of Writ Petitioner in such a casual manner is an issue which the Court was unable to comprehend and countenance, that too, when it is passed by an Authority with such academic eminence.'

5.1 Therefore, the writ Court imposed costs of Rs.15,000/- upon

respondent No.4 in the writ petition.

6. Although a number of grounds have been reflected in the

memo of appeal, yet, learned counsel for the appellants did not

press any of them except making a limited prayer that the direction

of the writ Court to the extent of imposition of costs be set aside.

7. We have heard the learned counsel for the appellants and

perused the record. The Registrar of the Acharya Nagarjuna

University appears to have clearly admitted that there was a bona

fide mistake committed by the University in cancelling the

admission of the writ petitioner, based upon the communication

received from the Head of the Department of Rural Development,

Acharya Nagarjuna University, in which department the petitioner

had taken admission. The Registrar of the University had also

admitted that in the light of the prospectus issued by the Registrar HCJ & TMR, J

prescribing the eligibility conditions, the writ petitioner could not

have been held to be ineligible for admission to the said course

which ultimately led to the withdrawal of the order of cancellation.

In the light of the admission made by the Registrar, Acharya

Nagarjuna University, the writ Court then proceeded to impose

costs upon the Head of the Department concerned, which in our

opinion does not in any manner, appear to be either perverse,

illogical or excessive, considering the expense and trauma which

the writ petitioner would have faced, on account of the action of the

University ordering cancellation of the admission of the writ

petitioner.

7.1 Be that as it may, we find no merit in the preset appeal which

is accordingly dismissed. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

DHIRAJ SINGH THAKUR, CJ T. MALLIKARJUNA RAO, J PSA HCJ & TMR, J

HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

&

HON'BLE MR. JUSTICE T. MALLIKARJUNA RAO

WRIT APPEAL No.838 OF 2023

(per Dhiraj Singh Thakur, CJ)

Dt: 12.09.2023

PSA