( 1 ) THE unsuccessful writ petitioner has filed this writ appeal assailing the correctness of the judgment of the learned single Judge dated 30-11-1998 in Writ Petition no. 21659/1998.

( 2 ) IN the above writ petition, the petitioner sought Mandamus declaring the proceedings No. 806/b-3/ku/1998, dated 27-7-1998 of the Registrar of the Kakatiya university, Warangal as illegal and seeking a direction to the Kakatiya University to permit him to write the first year B. Tech. examination for the academic year 1997-98. The writ petition was heard on merits and the same has been dismissed by the order under appeal.

( 3 ) THE facts leading to the filing of the writ petition be noted briefly and they are as follows: The petitioner after completing his studies in Intermediate course wrote common Entrance Test for Engineering, agricultural and Medical Sciences for the academic year 1997-98 and he obtained rank 9444 in the said test. Vazeer Sultan College of Engineering, the 2nd respondent herein, is a minority institution imparting education in engineering courses. As the petitioner did not come up for selection as per the relative ranking for allotment of a free seat, according to him, he applied to the 2nd respondent college for payment seat in the management quota. As there was no sufficient number of candidates from minority Muslim Community to fill up the authorised quota of management, according to the petitioner, the candidature of the petitioner was considered and he was admitted to the 1st year of B. Tech Course in computer Science. The 2nd respondent college is affiliated to the Kakatiya university, the 1st respondent herein. When the first year public examination to the B. Tech was about to be conducted, the 1st respondent issued proceedings in lr. No. 806/b3/ku/1998, dated 27-7-1998 directing the College to cancel the admission of the petitioner on the ground that his name was not approved by the University as his admission itself was irregular and illegal. At that stage, the petitioner filed the above writ petition and obtained interim order and by virtue of the interim order, it appears, he wrote the examination.

( 4 ) OPPOSING the writ petition, the University has filed the counter-affidavit. In the counter-affidavit, it is stated that the commissioner of Technical Education, government of Andhra Pradesh, hyderabad issued a Memo No. B-2/4708/ 98, dated 28-2-1998 permitting the 2nd respondent-College to fill up the vacant seats with the qualifying candidates of eamcet, 1997, subject to the condition that 50% seats meant for minorities shall be filled with Muslim candidates only. The admission given to the writ petitioner was in derogation of the above memo issued by the commissioner of Technical Education. It was also contended that the seat given to the writ petitioner was meant to the minority candidates and, therefore, his very admission was ex facie irregular and illegal and is liable to be cancelled.

( 5 ) THE learned single Judge having considered the rival contentions of the parties, recorded a factual finding that the writ petitioner was given admission in the college against a seat meant for minority students and such an action on the part of the 2nd respondent college is totally against the objective of the reservation in favour of the minorities and such admission would undermine the very objective behind the policy. The learned Judge, therefore, thought it necessary not to interfere with the impugned action taken by the University. In the result, the learned Judge dismissed the writ petition. Hence, this writ appeal by the aggrieved petitioner.

( 6 ) WE have heard Sri K. Raghuveer Reddy, learned Counsel for the appellant and Smt. C. V. Vinitha Reddy, learned counsel for the University.

( 7 ) THE Constitutional Courts umpteen times held and reiterated that the admission to professional courses, particularly in the fields of Engineering and Medicine, should strictly be in accordance with merits, s