Andhra HC (Pre-Telangana)
M.V.V.L. Narasimha Rao And Others vs Government Of A.P. And Others on 7 February, 2001
Equivalent citations: 2001(2)ALD32, 2001(1)ALT641
Author: B. Sudershan Reddy
Bench: B. Sudershan Reddy
ORDER
1. This batch of writ petitions may be disposed of by a common order as the same question arises for consideration in all of them.
2. The Convenor, MCA-Admissions 2000 by proceedings dated 20-12-2000 in compliance with the Government Memo No.6817/M&R/A2/2000, dated 4-12-2000 directed the admission of certain minority candidates into first year of MCA in place of non-minority candidates already admitted by certain Minority Educational Institutions. The non-minority students and Minority Educational Institutions challenge the said action. The direction issued by the Convenor and the proceedings dated 4-12-2000 on the file of the first respondent requesting the Convenor, MCACET-2000 to direct the Managements of the Minority Institutions to admit certain minority candidates in the institutions managed by them are impugned in these writ petitions.
3. The dispute relates to admission into three years MCA course for the academic year 2000-2001 in various minority colleges.
4. The Government of Andhra Pradesh in supersession of its earlier orders issued instructions in G.O. Ms. No.150, dated 11-8-2000 to be followed by Minority Educational Institutions in the State of Andhra Pradesh in respect of admissions to be made in all the professional and technical courses during the academic year 2000-2001 onwards. The said instructions regulate the process and procedure of admissions in all the professional and technical courses required to be followed by the Minority Educational Institutions in the State. The instructions so issued, admittedly, are applicable in case of admissions into three year MCA course. The instructions are obviously issued by the Government in exercise of the power under the Andhra Pradesh Minority Educational Institutions (Establishment, Recognition and Regulation) Rules, 1989. The Rules themselves prescribe the norms to be followed by the Minority Educational Institutions while making admission of students into their institutions. The norms so prescribed by the said Rules are applicable while making admissions into all courses by the Minority Educational Institutions. The Rules themselves are framed by the government in purported exercise of the power conferred by Section 99 of the A.P. Education Act, 1982. The instructions contained in G.O. Ms. No.150, dated 11-8-2000 prescribe the details to process admissions into three year MCA course. The said instructions supplement the existing rules referred to hereinabove. There is no dispute whatsoever that all the Minority Educational Institutions are bound by the said rules and instructions.
The instructions are not under challenge.
5. It would be necessary to have a look at the said instructions contained in G.O. Ms. No.150, dated 11-8-2000. The instructions require all minority educational institutions offering professional and technical courses to publish notification calling for applications by a cut off date for admission into their colleges. Such notification shall contain particulars of total scats available for minority candidates for admission into each of the professional/ technical course offered by the college. The cut off date for completing the process of admissions by the Managements is required to be announced by the competent authority in advance. The applications are required to be sold to the candidates seeking admission in their college. Such of those candidates to whom the applications are not sold by the colleges can make a requisition to the office of the Principal Secretary/Secretary, Minorities Welfare Department, who will register their applications along with Hall Ticket Number by verifying the rank obtained in Common Entrance Test and other particulars. After such registration, the same shall be communicated to the concerned college for issue of applications. After completion of entire admission process, list shall be displayed on the notice board of the college and the same list has to be sent to the competent authority and to the Minorities Welfare Department. The unfilled seats should be filled in as per rules in force. After the said process of admission is over, if any seats remain unfilled, the Management shall complete the process of admission by filling the unfilled seats as per sub-section (2) of Section 4 of the Andhra Pradesh Educational Institutions (Regulations of Admission and Prohibition of Capitation Fee) Act, 1983 (Act 5 of 1983). This in nutshell is the broad scheme of instructions regulating the process of admissions in the professional and technical courses in the minority educational institutions.
6. The Osmania University through its letter dated 13-7-2000 requested one of the Minority Educational Institutions (respondent No.3 in WP No.26136 of 2000) not to make any admissions into MBA/ MCA Programme for the academic year 2000-2001, till the schedule to be fixed by the University is received by the College and unless the University accords extension of provisional affiliation and clearance for making admissions by the College. The institution was clearly put on notice that the University was likely to formulate guidelines and prepare a separate schedule with regard to admissions into MBA/MCA programme for all the Minority Institutions for the academic year 2000-2001. By another proceedings dated 21-9-2000, the institution was permitted to make admissions into MBA/MCA programme for the academic year 2000-2001 strictly in accordance with the guidelines provided in the notification issued by the University on 20-9-2000. The University through the notification dated 20-9-2000 notified and fixed 20th October, 2000 as cut off date of admissions for MCA and MBA for all the minority colleges under the Osmania University area having valid minority status certificate issued by the competent authority and permission letter from the University for making admissions into the said courses for the academic year 2000-2001. The institutions were accordingly directed to submit the final list of admitted candidates to the Convenor, MCA/MBA admissions, Osmania University by 5.00 p.m., on 30th October, 2000. The institutions were required to strictly adhere the instructions issued by the Government in G.O. Ms. No.150, dated 11-8-2000. It is an admitted case that even before the notification was issued by the University on 20-9-2000. The "Federation of A.P. Minority Educational Institutions" issued a notification inviting applications from the candidates for admission into three year MCA course from the students who have qualified in the MCA & MBA CET-2000 by fixing the last date for submission of duly completed application forms as 20-9-2000. The details of Muslim Minority Colleges and Christian Minority Colleges are provided in the said notification. None of the Minority Educational Institutions got issued any notification as is required by the instructions. We have already noticed that the instructions require each of the Minority Educational Institution to publish notification calling for applications by a cut off date for admission into their colleges. It is thus clear that the very notification issued by the so called Federation is contrary to the instructions issued by the Government for more than one reason, viz., the notification is not issued as is required by each one of the college and the same has been issued before the announcement of the cut off date by the competent authority for completing the process of admissions by the minority institutions.
7. According to the pleadings available on record in WP No.26136 of 2000, a total of 178 candidates belonging to minority community and non-minority community have purchased the application forms from the third respondent-Nizam Institute of Computer Science and 117 of them registered such applications submitting themselves to the process of admissions in the college. Three lists of selected candidates were notified on the notice board on 25-9-2000, 5-10-2000 and 13-10-2000 respectively. Counselling took place on 18th October, 2000 and spot admissions were made on 19th October, 2000. Out of the said applicants, 16 minority students approached the college along with original certificates and prescribed fee and they were accordingly granted admission. Since 14 seats were left over, they were filled as per the instructions. 14 students belonging to non-minority communities on 20th October, 2000 were granted admissions in the order of their merit. According to the averments made in the affidavit filed by the Institution, 16 students belonging to minority community were granted admission and after exhausting all the available and eligible minority community students and their applications, the admissions were made to remaining unfilled seats by considering the students belonging to non-minority community strictly in accordance with the instructions. Thus, there is no violation whatsoever of any of the instructions issued in the matter.
8. It appears from the record made available for the perusal of the Court and averments made in the counter-affidavit that several complaints were received by the Government from minority students that non-minority students were admitted into the colleges run by the Managements of Minority Educational Institutions in utter violation of the instructions and provisions of the Act 5 of 1983. The first respondent-Government has forwarded the representations received from the complainants to the concerned colleges. It is noteworthy that the colleges failed to send the list to the Minority Welfare Department as per the instructions dated 11-8-2000.
9. It is the case of the respondents-minority students who are directed to be admitted by the Convenor that the Minority Educational Institutions failed to follow the instructions issued by the Government and made admissions contrary to the instructions. It is specifically stated that some of the Managements refused to provide application forms and some refused to issue acknowledgment in receipt of the application forms. Deals were struck with non-minority students. Huge amounts of donations were collected from them by providing admission depriving the legitimate right of minority students for consideration of their cases for admission into MCA. The record made available would disclose that the Government received number of such complaints from the students belonging to minority community.
10. Sri S.R. Ashok, learned senior Counsel appearing on behalf of some of the petitioners made leading submissions challenging the impugned proceedings of the Government as well as the Convenor of admissions. The learned senior Counsel would submit that whole action on the part of the Government as well as the Convenor is vitiated for the reason of non-application of mind. It is contended that the Convenor has no power to cancel the admissions already made by the Minority Educational Institutions. At any rate, such an order of far-reaching consequences cancelling the admissions could not have been made without any notice to the affected parties.
11. It is required to notice that all the Minority Educational Institutions are put on notice by the first respondent-Government immediately after receipt of the complaint. The method adopted by the Managements in inviting the applications from the interested candidates for admission into MCA is undoubtedly irregular and contrary to the instructions, which are mandatory in nature. The Managements have commenced the process of admission even before the notification issued by the competent authority (Convenor-Admissions) fixing the cut off date as 20-9-2000 for completing the process of admissions. The instructions require that after the entire admission process for selection of the minority candidates is over, list of admitted candidates is not only shall be displayed on the notice board of the College, but the same is also required to be sent to the competent authority and the Minority Welfare Department. It is only thereafter the unfilled seats, if any, should be filled as per the Rules in force. A situation is sought to be created as if no minority candidate was available and in the circumstances, all non-minority candidates were admitted on a particular day under the guise of making spot admissions in the unfilled seats. By adopting such procedure, the Managements have undoubtedly violated the instructions in making admissions. In the counter-affidavit filed by the Minority Students, it is stated that there are about 620 seats of MCA available in Minority Colleges, whereas more than 1914 Muslim minority candidates are qualified in MCACET. In the circumstances, the plea of the minority institutions that the qualified minority students were not available for admission into MCA course becomes untenable.
12. The question of issuing notice to the students belonging to non-minority category as such may not arise. They could not have secured admission in any of the Minority Educational Institutions but for the irregular method adopted by the Minority Institutions in the matter of admission of candidates into MCA course. They are the beneficiaries of the irregularity committed by the Minority Institutions and but for the said irregularity, the non-minority students could not have got admission on their own merit into any of these institutions. In the circumstances, lack of notice before cancelling the admission has not resulted in any prejudice whatsoever. At any rate, their admissions as such are not cancelled, but in the process of accommodating the minority candidates they are required to make the way in favour of the minority candidates.
13. It is nobody's case that such of those minority students who are directed to be admitted into the institutions are not qualified to get any seat in the institutions.
14. That apart, in the counter-affidavit filed by the University, it is stated in categorical terms that immediately after the receipt of the Government Memo dated 4-12-2000, the Convenor immediately called for a meeting with the minority colleges and after considerable discussions with them, the Convenor pursuant to the directions allotted the minority students to the respective colleges. The institutions, thus, were put on proper notice. There is no particular formality as such requiring the institutions to be put on notice in any particular form. In the process of implementing the directions of the Government to admit the minority candidates, the last rank non-minority students are required to make their places available to the minority candidates.
15. The record made available would reveal innumerable complaints filed by the aggrieved minority students complaining about the conduct of the Minority Institutions. The same are taken into consideration by the first respondent-Government and found the process of admissions adopted by the Minority Institutions to be contrary to the instructions issued by the Government. It is not a case of non-application of mind as such by the Government. It is true, as contended by the learned senior Counsel that the Government is not vested with any jurisdiction to issue directions to the minority Educational Institutions/Managements to admit even any minority candidate of its choice. The admissions are required to be made strictly on merits and in accordance with the instructions and Rules in force. The inter se merit among the minority candidates who applied for a seat has to be taken into consideration. The meritorious candidates amongst themselves cannot be deprived of their legitimate right of admission into a particular course. But, in the instant case, it is not as if the Government had chosen to sponsor the candidates of its own choice for admission into any Minority Educational Institutions. The Government having examined the issue directed the Convenor to resolve the issue. The Convenor, as stated in the counter-affidavit filed by the University, held discussions with the Minority Educational Institutions and accordingly directed those candidates who are deprived of their legitimate right of admission to be admitted into various colleges.
16. For all the aforesaid reasons, the Court is not inclined to interfere with the decision of the Government and the Convenor in directing the admission of certain students into Minority Educational Institutions.
17. It is not necessary to make any pronouncement as to whether the non-minority students who are admitted into the institutions as early as in the month of October, 2000 are innocent victims and not responsible for the resultant situation arising out of the impugned action of the respondents. May be, to a very large extent, the institutions are responsible for creating this situation.
18. The learned senior Counsel made an appeal to the Court that at least the interest of those non-minority candidates who are also admitted into the first year MCA course may be protected on equitable grounds. It is submitted that for the irregularity on the part of the institutions, the students may not suffer. In my considered opinion, the Court in exercise of its jurisdiction under Article 226 of the Constitution of India cannot issue any writ compelling the respondents to act contrary to law. The Supreme Court in more than one case reminded the High Court that they cannot be generous or liberal in issuing such directions which in substance amount to directing the authorities concerned to violate their own statutory Rules and Regulations in respect of admissions of students.
19. However, it shall always be open to the University and All India Council for Technical Education to consider the request of the petitioners and decide as to whether there can be any increase in the total number of seats in each of the Minority Educational Institution for this particular batch so as to accommodate such of those non-minority candidates who have already been admitted into MCA first year. It is for the University to consider as to whether any supernumerary seats could be created for this particular batch of students. Such decisions may depend upon the variety of factors and parameters, which may have to be taken into consideration by the University. The Court has no expertise to evolve any such devices and compel the University to accept the same. The matter is left open for consideration of the University.
20. Before parting with the case, the Court is constrained to observe that the State Government is required to re-examine the whole issue relating to the process of admissions in Minority Educational institutions in professional/technical courses to issue necessary further instructions plugging the loopholes in the matter of admissions by Minority Educational Institutions in order to protect the interest of minority community candidates.
21. The Court is also constrained to observe that the Government would be well advised to place full and complete facts in their affidavits instead of confining to mere rebuttal of the averments made in the affidavit filed by the petitioners. Mere denial would not be enough and meet the requirement of law relating to pleadings. In a given case, lack of full particulars may disable the Courts in coming to proper conclusion and thereby may amount to obstructing the process of administration of justice. The minimum requirement is that the material available on record may have to be reflected in the pleadings subject to the relevancy. The counter affidavit filed by the respondent-Government in the instant writ petition does not satisfy the required standards. The Court is left with an impression that all the necessary and relevant facts are not stated in the said affidavit.
22. For all the aforesaid reasons, the writ petitions fail and shall accordingly stand dismissed. No order as to costs.