✦ High Court of India · 30 Apr 2025

High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,059 words

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or Direction more Particularly in the Nature of Mandamus declaring the action of 2nd respondent in not receiving the application along with prescribed fee for appearance in TG LAWCET - 2025 as being lllegal, Arbitrary, Capricious, t\/alafide, amounts to denial of Education Rights consequentially direct the 2nd respondent to receive, process the application either through on line or manually for TG LAWCET - 2025 as per notification dated 25-02-2025 from the petitioner along with prescribed fee to enable to appear in TG LAWCET lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd respondent to receive, process the application either through on line or manually for TG LAWCET - 2025 as per notification dated 25-O2-2025 along with the petitioner along with prescribed fee Counsel for the Petitioner: SRl. M. MEHDI HUSSAIN Counsel for the Respondent Nos. 1&2: SRI MALLI PEDDI SRINIVAS REDDy, SC FOR OSMANIA UNIVERSITY Counsel for the Respondent No.3: GP FOR HIGHER EDUCATION The Court made the following: ORDER HONOURABLE SRI IUSTICE B. VIJAYSEN REDDY WRIT PETITION No.13963 OF 2025 ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 in not accepting/receiving his application for TGLAWCET - 2025, as being illegal, arbitrary and unconstitutional and consequently direct respondent No.2 to receive the application of the petitioner and permit him to appear for TGLAWCET - 2025.

2. It is submitted that the petitioner was born on 28.02.1990. The petitioner, having studied in Zilla Parishad Boys High School, Narsapur, passed SSC examinations (X standard) compartmentally from the Board ol Secondary Education in 2011. Subsequent thereto, the petitioner studied intermediate and passed from Telangana Open School Society (TOSS) in 2016 and obtained pass certificate dated 17.11.2016. Thereafter, the petitioner graduated from Dr. B.R. Ambedkar Open University in 2018 and the university issued certificate-cum-memo of marks on 21.08.2018. The petitioner secured aggregate marks of 660 and has obtained 4l-25%.

3. Learned counsel for the petitioner submitted that respondent No'2 issued notification for TGLAWCET - 2025 which was published on ) ,l 2

25.02.2025; the last date for submission of applications initially was

15.04.2025 and thereafter extended to 30.04.2025 without late fee. As per the said notification, the last date of submission of applications along with late fee is 25.05.2025 and the entrance exam for Law course is scheduled to be held on 06.06.2025. It is submitted that the application of the petitioner is not being accepted on the ground that he does not possess required percentage i.e. 42o/o in the degree level. The petitioner belongs to OBC community and he secured 41.25% in the degree level.

4. Leamed counsel for respondent No.l and 2 University submitted that as per the eligibility criteria in the notification issued by respondent No.2 for TGLAWCET and PGLCET - 2025, the mirrimum percentage required for OBC candidates is 41.5%o. As the petitioner admittedly secured 41.25%, he is not eligible to appear for TGLAWCET.

5. Heard leamed counsel for the petitioner and learned Standing Counsel for respondents No.l and 2, and perused the material on record.

6. In the notification dated 25.02.2025 issued by respondent No.2, the eligibility criteria for the candidates to appear lor TGLAWCET - 2025 (3 year I-,L.B. Course) is mentioned as under: 3 ..NOTE: The percentage of 44.5%. and above in aggregate in graduation (10+2+3 Paftem) in case of candidates belonging to general categories, 4l.5Vo or above in aggregate in graduation (10+2+3 Pattem) in case of candidates belonging to OBC category, 39.5% and above in aggregate in graduation( 10+2+3 Pattem) in case of candidates belonging to SC/ST category will be considered as 45o/o, 42Yo and 40oh of aggregate marks respectively for admission into L.L.B. 3 year course."

7. According to the learned counsel for the petitioner, instead of required 41.5%o (for OBC category), the petitioner secured 4l.25yo i.e., 0.25Yo less, and discretion may be exercised by this Court to round , I olfthe percentage to 41.5%o

8. In the opinion of this Court, such discretion cannot be exercised as the eligibility criteria mentioned in the notification dated 25.02.2025 issued by respondent No.2 is very clear and there is no discrepancy in the said criteria. When the criteria./rule is clear, this Court cannot relax the same as it would amount to substituting the rule. Such exercise is not permissible. It is settled principle of law, this Court exercising its jurisdiction under Article 226 carnot interfere ln the administrative matters, unless dbcision suffers from manifest arbitrariness and unreasonableness. As, the petitioner admittedly does not possess the 4 required percentage i.e., 41.5%o, to appear for TGLAWCET, this writ petition is devoid of merits. 9 ' Accordingll', this writ petition is dismissed. There shail be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. \ To, //TRUE COPY// SD/. L. VIJAYA LAXMI sbrerur REGIsTRAR \--=-:-.- "., sECTroN oFFrcER \ PUC] SC FOR OSMANIA 1:

1. One CC to SRl. M. MEHDI HUSSAIN, Advocat 2. One CC to SRI MALLI PEDDI SRINIVAS RED 3. Two CCs to GP FOR- HIGHER EDUCATION, High Court for the State of UNTvERSTTY [OPUC] Telangana, at Hyderabad [OUl-l

4. Two CD Copies GB [/ GJP HIGH COURT DATED:3010412025 ORDER WP.No.13963 of 2025 , .,:.\ J /^.:\.. 4,r^\t.1. 9r.,ir 11 JUL 2025 (l_;, t I i,-I- ^il f:g * o T o * DISMISSING THE WRIT PETITION WITHOUT COSTS

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