Decided on April 15,1992



- (1.)The petitioners seek admission into B.Tech. Degree Course in the First Respondent Sri Venkateswara University, College of Engineering, Tirupathi (for short, 'the University'), and pray for a Writ declaring the resolution No.24(4) dated 14-7-1991 of the Board of Management of the University, in so far as it has not restored with effect from the academic year 1991-92 admissions under 'staff-children-quota' in B.Tech., Degree Course, as illegal and void and for issuance of a consequential direction to the University to extend the said benefit to B.Tech., Degree Course, as well.
(2.)The petitioners are all the children of the teaching and non-teaching staff of the University. The University sanctioned twelve additional seats for B .Tech. Degree Course for the benefit of the children of the University staff. Those seats were being filled up from among the staff-children, according to merit and ranking secured in EAMCET examination.
(3.)For the academic year 1991 -92, the Board of Management of the University passed the impugned resolution, resolving that admission under staff children quota in all Courses other than B.Tech., Degree Course offered in the University College of Engineering be restored with effect from the academic year 1991-92, thereby, the Board excluded staff children quota in B.Tech., Degree course alone. The petitioners challenge the said exclusion as arbitrary and unjust and violative of Articles 14,16,19(1)(g) and 300-A as well as 21 of the Constitution of India. The undertaking given by the Office-bearers of the Employees' Associations, not to seek for the extension of the facility of extra seats from the academic year 1990-91 onwards, was obtained under duress and compulsion without being supported by the resolution of the General Body of the employees' Associations and therefore, it has no legal effect. The University being an autonomous body, cannot discriminate against the candidates seeking admission into B.Tech., Degree Course, having decided and passed a resolution to restore the benefit of extra seats to the employees of the University in all Courses. The petitioners further contend that the additional seats have been created in M.Tech., and other Courses for the year 1991-92, except in B.Tech. The petitioners further contend that the said benefit was extended in B.Tech., Courses in the Andhra University, as well as Jawaharial Nehru Technological University, and there is no reason why such facility should be excluded for the staff-children of the University in B.Tech. Course.

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