S. B. SINHA, C. J.

( 1 ) AN interesting question which arises for consideration in this appeal is as to whether the Roman Catholics can claim themselves to be Christian minority vis-a-vis another set of Christians namely Protestants.

( 2 ) A Writ Petition was filed by one mr. M. David, 1st respondent herein, praying for issuance of a Writ of Mandamus directing the respondents in the writ petition to admit him to B. Tech. (Computers) course in the minority institution run by the respondents 4 and 5 for the academic year 2000-2001.

( 3 ) THE 1st respondent-writ petitioner herein is an Indian Christian professing protestant Faith. He passed Intermediate examination in second division with M. P. C. group from St. Mary s Junior College, himayathnagar, Hyderabad. He appeared for the EAMCET-2000 examination, a common entrance test conducted for admission into Medical, Engineering and agricultural Courses, in which he has secured 48615th rank. He intended to prosecute B. E. (Computers) Engineering course in one of the Engineering institutions run by Christian Minority Community. On or about 21-7-2000, the appellants herein issued a notification inviting applications from candidates belonging to catholic Christian Minority qualified in eamcet-2000/ecet-2000 for admission into various Engineering courses in the institution run by them. The 1st appellant refused to issue application to the writ petitioner on the ground that he professes protestant Faith and not roman catholic faith. The petitioner made a representation to the 2nd respondent in the writ petition whereupon directions were given to the appellants to issue application form to the petitioner, pursuant whereto, he could file his application. But, his application was rejected on the ground that he professes protestant Faith.

( 4 ) THE learned Single Judge at the time of admission directed the appellants herein to admit the petitioner into B. Tech. (Computers) Course as per the rank assigned to him in EAMCET-2000 examination.

( 5 ) THE learned Single Judge, inter alia, held that in terms of Articles 29 and 30 (1) of the Constitution of India, the minorities have a right to conserve their language, script or culture of its own and have also a right to establish and administer educational institutions of their choice, but, they cannot act contrary to the minority status certificate granted to them and deny admission to those students who profess different faith of the same minority community. The learned Judge held that unless the appellants obtain a certificate of rpman Catholic Christian Minority Status from the Government of Andhra Pradesh, they have no right to deny admission to the candidates who profess other than Roman catholic Faith. It was held:"therefore, in view of my discussion supra, it is clear that the 4th and 5th respondents have flagrantly violated the rights of the Christian Minority candidates who profess other than roman Catholic faith from the date of establishment of the institution. Therefore, the misinterpretation which is given by the respondents 4 and 5 to the Minority Status Certificate issued by the Government, in respect of the christianity as a whole, and that they can admit only the candidates who profess Roman Catholic and to deny admission to the candidates professing other than Roman Catholic, is illegal, unconstitutional and in violation of the orders issued by the Government from time to time. As stated by the respondents 4 and 5 in their counter-affidavit as many as 44 candidates, other than Roman Catholics have applied in response to their notification, have been rejected, but they are not before the Court. The petitioner is the only candidate who is fighting for his legitimate right for admission in the 4th respondent college. Therefore, the question of considering their cases does not arise, but the case of the petitioner deserves to be considered and he deserves to be admitted to the course. The petitioner has been prosecuting this cause be

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