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Andhra Pradesh High Court Orders Acharya Nagarjuna University To Deduct Rs 15,000 From HoD’s Salary To Compensate Student For Admission Cancellation
Fareedunnisa Huma
7 July 2023 6:40 PM IST
The Andhra Pradesh High Court has ordered Acharya Nagarjuna University to pay Rs 15,000 as compensation to a student whose admission was wrongly cancelled and further asked the varsity to deduct the amount from the salary of the Head of Department (HoD) of Rural Development. The university withdrew its decision on May 10 after accepting its mistake before the court.Justice G. Ramakrishna...
The Andhra Pradesh High Court has ordered Acharya Nagarjuna University to pay Rs 15,000 as compensation to a student whose admission was wrongly cancelled and further asked the varsity to deduct the amount from the salary of the Head of Department (HoD) of Rural Development. The university withdrew its decision on May 10 after accepting its mistake before the court.
Justice G. Ramakrishna Prasad said the student was forced to approach the court due to extreme degree of non-application of mind on the part of the HoD.
"It is unfortunate that a person of this scholarship and being the Head of the Department of the Rural Development, had arrived at such perverse decision leading to the cancellation of the admission of the Student/Writ Petitioner without 'any' application of mind," said the court.
The student had taken admission in M.A. Rural Development course. As per the Prospectus for APPGCET-2022 issued by the university, a student, already with a Post Graduation degree in a Professional Course, was not eligible to seek admission in the M.A. Rural Development. B.E, B.Tech, M.B.B.S and B.U.M.S. were such professional courses, as per the prospectus.
The petitioner had already enrolled in the M.A. Rural Development course and also started attending classes, when he was informed by the HOD of the University vide letter dated 10.01.2023 that his admission was being cancelled on the basis of him, already having secured a Post Gradation Degree in a Professional Course making him ineligible as per the prospectus. The petitioner also has done MBA (IB).
Advocate Karumanchi Indraneel Babu, representing the petitioner, contended that the impugned communication is per se illegal "to extent of perversity, inasmuch as, the Prospectus does not disqualify the Petitioner, who has done MBA (IB) from seeking admission in M.A. Rural Development."
The court said the eligibility conditions for securing admission are clearly set out in the Prospectus and on its perusal, even 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 ave been declared ineligible 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 this Court is unable to comprehend and countenance, that too, when it is passed by an Authority with such academic eminence," said the court.
It further said that the facts of the case squarely fall into the degree of extreme perversity as defined by the Supreme Court in Municipal Committee, Hosharpur Vs. Punjab State Electricity Board and Others.
"The action of the Head, Department of Rural Development is extremely perverse, which had led to the cancellation of the admission of the Writ Petitioner. If this situation is viewed from the angle of the Writ Petitioner, this Court would not hesitate to state that the casual approach of the Head had put the future and career of the Writ Petitioner in peril. The time is trite for this Court to hold that even by the negligent act of the University Authorities, the future and career of the students, cannot be put in peril. This Court would not hesitate to deal with such a situation with an iron hand, if such an action is brought before it," said the court.
Title: Gurram Bhagya Raju Versus State of A.P.
Citation: 2023 LiveLaw (AP) 33