( 1 ) IN this writ petition, the petitioner (Dar-ul-Salam Education Trust) is challenging the Constitutional validity of go. Ms. No. 184, Education (E. C. 2) Department, dated: 20-8-1993 and seeks declaration that the said G. O. is not applicable to the Minority educational Institutions guaranteed under article 30 (1) of the Constitution of India and more particularly the Deccan College of medical Sciences, Hyderabad which has been established and is being administered by the petitioner Trust.

( 2 ) THE facts leading to the case are that the petitioner trust is created through a registered document dated:7-4-1974. The Trust was founded by the members of Dar-Ul- salam Board comprising of all prominent muslims of Hyderabad including Legislators, educationists etc. The objects of the trust are for improving the educational interest of muslim community which is a religious minority in the andhra Pradesh. In furtherance of the objects of the Trust, and with a view to improve the educational standards of muslim students in the State, it made an application to the government of Andhra Pradesh in 1984 for establishing a Medical College and an engineering College. Accordingly, the government issued G. O. Ms. No. 675 M and H medical and Health (El) Department dated: 7-9-1984 permitting the petitioner Trust to establish a Medical College. Thereafter, the college was established in the name of Deccan college of Medical Sciences with effect from 26-1-1985. It was also affiliated to Osmania university and started functioning from the academic year 1984-85 with intake of 100 seats. Subsequently the intake was enhanced to 150. The College was also approved by the medical Council of India. After formation of university of Health Sciences under the university of Health Sciences Act, 1985, the college has been affiliated to University of health Sciences. It is the case of the petitioner that the College established by it is a minority educational institution falling under Article 30 (1) of the Constitution of India. Ever since the establishment of the College, the results have been encouraging and students of this College have been getting distinctions. It is also submitted that the finances required for the establishment and maintenance of the College and teaching hospital are completely funded by the muslim minority community and philanthrophic Organisation and no aid is grantedby the Govemment Thepetitioner Trusts submits that the admissions to the M. B. B. S. course are being made in accordance with the directions of the Supreme Court dated: 26-4-1990 in Civil Appeal No. 4293/96. But however, the grievance of the petitioner is that the Government have framed rules in G. O. Ms. No. 184, dated: 20-8-1993. It also issued g. O. Ms. No. 196, dated: 27-8-1993 wherein 50% of the seats are reserved for minority community and balance 50% are ear-marked for non-minority community thereby destroying the minority character of the College, which is violative of Article 30 (1) of the Constitution of india. It is also the case of the petitioner that the decision of the Supreme Court in Unni krishnan, J. P. and others v. State of Andhra pradesh and others (1) 1993 (1) SCC 645 is not applicable to the Medical College established by the petitioner. The petitioner also refers to various cases of the Supreme court to buttress its contention that the state cannot impose restrictions on the power to establish and administer the Minority educational Institutions to such an extent as to make the institution denuded of the protection granted to them under Article 30 (1) of the constitution of India. The scheme evolved by the Supreme Court in Unni Krishnan s case (1st cited supra), is not intended to be applied to the minority institution and the petitioner acquired a right to select the candidates of their choice for admission into their institutions as a part of their administration. Hence, the admission of the students by an agency other than the