( 1 ) THIS writ petition raises an important question as to the right of a private, professional, non-minority educational institution in the State of Andhra pradesh to admit students in first year MBBS course by its own admission programme without being compelled to admit students from out of the merit list prepared by the state agency after conducting common entrance test. Needless to point out that the question assumes importance having regard to the landmark decision of Constitution bench of eleven Judges of the Supreme court of India in T. M. A. PAI Foundation v. State of Kamataka, (2002) 8 SCC 481, (hereinafter called, TMA Pai Foundation ). The question also assumes importance because of peculiar and unique position of the State, having regard to special provisions in Article 371-D of the Constitution of india with respect of State of Andhra Pradesh. Background Facts :

( 2 ) THE fact of the matter is not in dispute. The petitioner is a registered educational trust. It identified Chinakondrupadu village in Guntur District for starting a medical college. It invested an amount of Rs. 26 crores to purchase land, and construction of buildings - library, laboratory a