A non-minority institution is bound to comply with the conditions imposed by the Government and the University, including the requirement to admit candidates allotted by the Convenor, BEDSET. Violation of these conditions may result in the refusal of affiliation.

S. PARVATHA RAO, J.

( 1 ) IN this Writ Petition the petitioner Tarlupadu College of Education, seeks a declaration that the refusal to grant affiliation for the year 1990-91 to it by the Nagarjuna University, the 1st respondent herein, conveyed by letter dated of the University to it, is bad and violative of Article 30 (1) of the Constitution. of India and consequently seeks a Writ of Mandamus etc,. , directing the University to grant affiliation to it and permit the 160 students admitted by it for 1990-91 in B. Ed, course to sit for the theory and practical examinations to. be conducted from, 21-10-1991, announce itheir results and issue the certificates etc. The following are the undisputed facts: The petitioner-college has not been given any permanent affiliation by the 1st respondent-University though it was set up in 1984. Permission was granted by the Government of Andhra Pradesh for the setting up of a College of Education by the petitioner at Tarlupadu in Prakasam district under G. O. Ms. No. 431, Education (S) Department, dated 8-9-1984. Conditions 8 to 11 imposed under the said G. O. are that the management of the petitioner-college should follow the Rules issued by the Government from time to time in regard to the reservations for S. Cs. , and B. Cs. , in respect of admissions and also for appointment of staff, that the management should also fulfil all the conditions laid down by the University from time to time before admissions of the students in the college, that admissions into the B. Ed. course in the college should be through the common entrance examination conducted by the University, and that the management should not collect any capitation fees. The petitioner claims to be a minority institution and that it was established by the Andhra Evangelical Lutheran Church, Guntur. Whatever might have been the position of the institutions claiming to be minority institutions prior to the coming into force of the Andhra Pradesh Minority Educational Institutions (Establishment, Recognition and Regulation) Rules, 1988 (hereinafter referred to as the Rules ), after the Rules have come into force, unless certificate of recognition is obtained no educational institution can be treated as minority educational institution by virtue of sub-rule (7) of the Rule 7 which is as follows :--"7 (7): In view of the requirement under sub-rule (6), the educational agencies claiming minority status for their institutions and those already enjoying minority status either on Government instructions and/or by Court directions, shall make an application to the competent authority in the prescribed form (Form-1) in triplicate following the procedure prescribed under Rule 6 after fulfilling the criteria laid down under Rule 4 for the issue of the Certificate of Recognition as Minority Educational Institution. The Competent Authority shall issue the certificate only when he is satisfied about the fulfilment of the criteria laid down. "sub-rule (6) of Rule 7 provided that "mere obtaining of permission for the establishment of a minority educational institution by the Permission Authority will not entitle the educational institution for recognition as minority educational institution unless the institution has been issued a certificate to that effect by the competent authority". Sub-rule (5) (a) of Rule 7 provides as follows :-- "7 (5) (a) : Any educational institution which has been permitted to be established with the status of a minority educational institution shall be deemed to have been accorded minority status for one academic year only for the purposes of making admission of students and appointment of staff, and is subject to obtaining of certificate of recognition as minority institution from the Competent Authority before the beginning of the next academic year. " By Memo No. 246/rules/89-2, Education, dated 1-9-1989 the Government of Andhra Pradesh has clarified the position obtained after the Rules have come into force. After refe

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