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2019 Supreme(SC) 1071

INDU MALHOTRA, SANJIV KHANNA
Andhra Kesari College of Education – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Appellants :Bijoy Kumar Jain, Advocate
For the Respondents:D. Bharathi Reddy, G. N. Reddy, T. Vijaya Bhaskar Reddy, Sujatha Bagadhi, P. Venkat Reddy, Prashant Tyagi, P. Srinivas Reddy, Advocates

JUDGMENT

Indu Malhotra, J.

1. The present Civil Appeals and Writ Petition have been filed to challenge the vires of the Rules framed by the Government of Andhra Pradesh vide G.O.M. No. 57 dated 21.03.2005, G.O.M. No. 92 dated 16.11.2006, and G.O.M. No. 98 dated 06.12.2006 (hereinafter referred to as the "impugned G.O.Ms"), for admission to the B. Ed. Course in the State of Andhra Pradesh, and became applicable from the Academic Year 2006 - 2007. The said G.O.Ms continue to remain in force even as on date.

At the time of final hearing, the Counsel appearing in Writ Petition (Civil) No. 244 of 2007 only pressed this matter for hearing. We are therefore, deciding the case in light of the facts in the Writ Petition.

2. The Petitioner - Institution is a minority institution which was granted the status of a "Christian Minority Educational Institution" by the Government of Andhra Pradesh.

As per G.O.M. No. 55 dated 20.03.2005, minority colleges were permitted to fill up 85% of their total seats, with students belonging to the minority community, as the Management Quota.

3. The Petitioner - Institution filed the present Writ Petition to challenge the impugned G.O.Ms on the following grounds :-

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