Y.Bhaskar Rao, J. - (1.) This is a writ appeal filed by the original writ petitioner against the judgment of the learned single Judge disandmissing her writ petition filed for issuandance of mandamus directing the responanddents to admit her into the First Year of B. Sc., Nursing Four Years course in the 3rd respondent college during the year 1992-93.
(2.) The brief facts of the case are: The petitioner having obtained First Division in her S.S.C.. studied two year course of Intermediate and passed the same in First Division securing 65. 6% marks as aggregate in Optional subjects and 62.83% marks as aggregate of all the subjects. Thereafter she applied for admisandsion into B.Sc. (Nursing) Course claimanding herself to be a Backward Class 'C' Group candidate. However, her name did not find a place in the list of selected candidates for admission as put up in the notice board on 6-7-1992. The grievance of the petitioner is that candidates that secured marks lesser than her and belonganding to B C. (B) group got the selection in the unfilled seats pertaining to BC. (A) group. This selection she complains of is in violation of the Rules and therefore seeks the mandamus as noted supra.
(3.) The stand taken in the counter filed by the respondents is that there were in fact two seats left unfilled in B C. (A) Group due to non-availability of suitable cindidates and these two seats were to be filled-in, as per rules with latest amendment, by candidates belonging to B C (B) (C) or (D) group in accordance with merit by giving preference first to (B) group, next to (C) group and last to (D) group, and that inasmuch as this preferential order was followed, the grievance expresandsed is due to sheer mis-conception of the rule position and therefore devoid of substance. The learned single Judge after considering the rival contentions of the parties accepted the stand taken by the respondents and accordingly dismissed the writ petition. It is against that judgment the present appeal is filed.;