- (1.) The petitioner herein seeks a writ of Mandamus directing the first respondent to admit him in the first year B.Com., in Telugu medium for the academic year 1982-1983.
(2.) The relevant averments in brief as stated in the affidavit of the petitioner are that he applied to the first respondent-college for admission to the first year B.Com. on 15-7-1982 for the academic year 1982-83. He secured 488 marks in the qualifying examination. A candidate with 427 marks has been provided with a seat, whereas he has not been admitted. He further avers that he belongs to Backward class and the rules of admission give preferential treatment by reservation, but the said Rule has not been implemented. Therefore the rejection is illegal and contravenes articles 15 (4) 46 of the Constitution of India. Further the first respondent-college is affiliated to the osmania university and also is admitted to grant-in-aid since 1-4-1980 and so is receiving funds from the Government of Andhra pradesh and therefore this courts jurisdiction is invoked under art. 226 of the Constitution.
(3.) In the counter filed by the principal of the first respondent-college, it is stated that the college does not come within the definition of "Authority " as envisaged under Art. 12 of the Constitution of India. Therefore no writ lies against it. Under the Education code, the Act and the rules made thereunder, the director of Higher Education is the appellate authority against a decision made by the college. The petitioner in fact, has already preferred an appeal to the Director of Higher education and therefore on this ground also the writ petition should not be entertained. It is true that the petitioner passed Intermediate and secured 488 marks and belongs to backward Class "D Group. The petitioner discontinued his studies and did not study during the last academic year 1981-82.;