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1984 Supreme(AP) 63
Andhra Pradesh High Court
Judges : K.JAYACHANDRA REDDY
B.Ajay Kumar Reddy - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 02-14-84
Private engineering colleges are subject to the control of the State Government and, therefore, the Presidential Order of 1974 applies to these institutions.
Headnote:
ANDHRA PRADESH EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSIONS) ORDER, 1974 - Applicability - Private Engineering Colleges - Whether subject to the control of the State Government - Interpretation of relevant provisions.
Fact of the Case:
18 petitioners filed writ petitions seeking a Writ of Mandamus or any other order declaring that the respondents are bound to follow the six-point formula as provided in the Presidential Order of 1974 and that all admissions made by them into private engineering colleges are in violation of that Presidential Order. The petitioners claimed that they were entitled to get admission in any of the engineering colleges within the area of these universities as per the regulations, rules, and procedure prescribed under the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, and in pursuance of the commonly known policy and procedures known as six-point formula under the Ordinance viz., Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Ordinance, 1983.
Finding of the Court:
The court held that the private engineering colleges are subject to the control of the State Government and, therefore, the Presidential Order applies to these institutions. The court also held that G. O. Ms. No. 310 dated 27-7-1983, which added a proviso to Rule 6 (d) of the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, excluding private engineering colleges from the purview of the Order, is ultra vires the Presidential Order and opposed to the provisions of Act 5 of 1983 and the Rules made thereunder.
Issues: 1. Whether private engineering colleges are subject to the control of the State Government? 2. Whether the Presidential Order of 1974 applies to private engineering colleges? 3. Whether G. O. Ms. No. 310 dated 27-7-1983, which added a proviso to Rule 6 (d) of the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, excluding private engineering colleges from the purview of the Order, is valid?
Ratio Decidendi: 1. The court held that the private engineering colleges are subject to the control of the State Government based on the following factors: - The Andhra Pradesh Regulations of Admission of Students into Engineering Colleges made under Sec. 3 of Act 5 of 1983 apply to all colleges privately managed. - A common entrance test is conducted every year for selection of candidates for all these colleges as well as to the Colleges of the Universities and the said test shall be conducted by one of these Universities or Engineering Colleges in the State nominated by the Government every year. - The Common Entrance Examination Committee, which selects the candidates, is constituted by the Government. - The Government gives grants to these private engineering colleges. - The Government has the power to take over the management of any such institution that has contravened the provisions of the Act. 2. The court held that the Presidential Order of 1974 applies to private engineering colleges based on the following provisions: - Section 1 of Act 5 of 1983 unequivocally lays down that it applies to all educational institutions. - Section 3 (2) of Act 5 of 1983 lays down that admission into educational institutions shall be subject to rules to be made by the Government in regard to reservation of seats to the members belonging to scheduled castes, scheduled tribes, backward classes under the Andhra Pradesh Educational Institutions (Regulation of Admission) Order of 1974. - Rule 6 (2) (c) of the Andhra Pradesh Regulations of Admission of Students into Engineering Colleges made under Sec. 3 of Act 5 of 1983 provides that the seats available in all the affiliated colleges will be pooled up and will be distributed among the three regions of the State in accordance with the provisions contained in Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974. 3. The court held that G. O. Ms. No. 310 dated 27-7-1983, which added a proviso to Rule 6 (d) of the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, excluding private engineering colleges from the purview of the Order, is ultra vires the Presidential Order and opposed to the provisions of Act 5 of 1983 and the Rules made thereunder.
Final Decision: The court allowed the writ petitions and quashed G. O. Ms. No. 310 dated 27-7-1983. The court directed the respondents to follow the provisions of the Presidential Order and select the candidates for admission into all the Engineering Colleges observing the 6-point Formula. The court also directed that admission to the 14 seats reserved for the academic year 1983-84 shall be made in these private engineering colleges in accordance with the Presidential Order of 1974 and other rules regarding reservations. The court further directed that the concerned authorities shall not only consider the cases of the writ petitioners but also that of the other candidates who are not admitted and fill up the seats on the basis of merit.
( 2 ) THE petitioners appeared for the Intermediate examinations in their respective colleges situated in the State of Andhra Pradesh. After having thus qualified they also appeared and passed in merit in the common entrance test jointly conducted on behalf of the Andhra University, Osmania University and Sri Venkateswara University under the supervision of the Government of Andhra Pradesh. They claim that they are entitled to get admission in any of the engineering colleges within area of these universities as per the regulations, rules and procedure prescribed under the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, (hereinafter referred to as the Presidential Order.) and in pursuance of the commonly known policy and procedures known as six point formula under the Ordinance viz. , Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Ordinance, 1983. There are about 13 private engineering colleges within the area of these three Universities and according to the petitioners, if the 6-point formula is to be applied to those colleges also, the petitioners are entitled to be admitted in preference to some of the candidates, who are admitted ignoring the six-point formula. But for the impugned G. O. Ms. No. 310 Education, Dated 27-7-1983 amending the Presidential Order, 1974, deleting applicability of the said order to the private engineering colleges in the State, the concerned University Authorities have to enforce the six-point formula. The petitioners therefore, submit that G. O. Ms. No. 310 dated 27-7-1983 is ultra virus and if the said G. O. is to be declared illegal and invalid then all the three University Authorities have to honour the Presidential Order and observe six point formula.
( 3 ) IN the counter-affidavit filed on behalf of the Government and the other respondents it is admitted that the Common Entrance Examination was held on 22-5-1983 and that all the petitioners applied for admission to private engineering colleges in Andhra Pradesh in response to the advertisement issued by the Governor, Common Entrance Examination Committee. It is also stated that the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (hereinafter referred to as the Act 5 of 1983) regulates admission to engineering colleges and Medical Colleges on the basis of ranking assigned in the common Entrance Examination conducted subject to the Rules framed under Section 3 (1) read with S. 15 (1) of the Act. Admission to these Educational Institutions shall be subject to the rules made by the Government in regard to the reservation of state to the members belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and the Presidential Order was issued under sub-clauses (1) and (2) of Article 371-D of the Constitution of India regulating the admissions to the Universities and the other educational institutions controlled by the State Government having been located in their respective local areas as contained i
