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2003 Supreme(AP) 628

Andhra Pradesh High Court
Judges : A.GOPAL REDDY
Muslim Minority Welfare Committee, Hyderabad - Appellant
Versus
State OF A.P., Education Department - Respondent
Decided On : 04-29-03

Headnote:

Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of capitation Fees) Act,1983 - Sections 3 and 15 - Andhra Pradesh Professional Educational institutions (Regulation of Admission into under Graduate Professional Courses through Common Entrance Test) Rules, 1993 - Medical and Dental courses Rules 2003 – Admission - Entrance test - writ petitions is one and same hence they are being disposed of by this common order filed by Muslim minority Welfare Committee seeking a writ of mandamus declaring admission process undertaken by State government into graduate professional courses in Minority educational Institutions cannot be regulated by Andhra Pradesh Common Entrance Test for entry into Engineering Architecture pharmacy Agriculture Medical and Dental courses - Apex Court in TMA foundation State Government through Education department exercising powers conferred - Held, Government Pleader for higher Education after closing arguments made available Interim policy Regulations issued by All India council for Technical Education for academic year in light of judgment of Supreme Court to be followed by all colleges - In absence of challenge to such regulations it is not necessary to go into correctness or otherwise of such regulations - Suffice it to say that rules issued which deals with admission to minority colleges were omitted through indicating that Rules of admission will be issued separately - Rules issued do not deprive minority professional colleges either in the process of admission or places any fetters on such right – Writ Petition dismissed

A. GOPAL REDDY, J.

( 1 ) THE question that falls for adjudication in all the writ petitions is one and the same. Hence, they are being disposed of by this common order.

( 2 ) W. P. NOS. 2792/2003 is filed by Muslim minority Welfare Committee seeking a writ of mandamus declaring the admission process undertaken by the State government into the under graduate professional courses in Minority educational Institutions cannot be regulated by Andhra Pradesh Common Entrance Test for entry into Engineering, Architecture, pharmacy, Agriculture, Medical and Dental courses Rules 2003, and further to declare the notice dt. 10-2-2003 issued by Jawaharlal nehru Technological University (for short "jntu") does not bind or apply to the admission process into under graduate professional courses by Minority educational Institutions and further direct the respondents not to interfere with the right of minority professional educational institutions from conducting the entrance test to regulate the admission into the above courses by such institutions for the academic year 2003-2004 refraining them from interfering with the right of admission into under graduate professional courses in professional educational institutions run and managed by Minority Educational institutions.

( 3 ) AS an off shoot of the Judgment of the apex Court in TMA Pai foundation v. State of karnataka (for short "tma Pai foundation"), the State Government through G. O. Ms. No. 3 Education (E. C.) department dt. 7-2-2003 exercising the powers conferred by Sections 3 and 15 of andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of capitation Fees) Act, 1983 (for short "the capitation Fees Act") and in supercession of andhra Pradesh Professional Educational institutions (Regulation of Admission into under Graduate Professional Courses through Common Entrance Test) Rules, 1993, framed rules called "andhra Pradesh common Entrance Test for entry into engineering, Architecture, Pharmacy, agriculture, Medical and Dental Courses rules, 2003 (for short "the Rules") for conduct of Common Entrance Test for admission into the above courses. In view of issuance of said rules, JNTU issued a notification dt. 7-2-2003 inviting applications from the students for making them eligible for admission into respective courses, followed by another notification dt. 10-2-2003 whereunder the JNTU prescribed the eligibility criteria for admission into B. Tech,. , B. Pharm and b. Arch. , courses in the constituent and affiliated colleges of JNTU. Questioning the same, the present writ petitions were filed contending that the State Government cannot usurp the entire power of regulating the admission process to minority educational institutions, essentially those institutions that are not receiving aid from the State Government. Such educational institutions are entitled to have admission process of their own in view of the authoritative pronouncement of the eleven- judges Constitutional Bench of the Apex court as referred to above. In the notification issued by JNTU, no liberty or freedom was given to the minority educational institutions to regulate the admission process into such institutions by themselves. Both the State Government and jntu acted upon the advice from the A. P. State Council of Higher Education and evolved criteria for regulating the admission process including private professional educational institutions including those established by the minorities. In view of the dicta laid down by the Apex Court in the case of TMA Pai s Foundation, neither the state Government nor JNTU can regulate admission. The petitioner-society in w. P. No. 2792/2003 had been inter-acting with all minority professional educational institutions established in the State of andhra Pradesh to ensure one common entrance test is conducted by them so as to enable the process of admission into their institutions is regulated based upon the assessment of merit of the candidates at such test.















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