The provisions of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983, which regulate admissions to educational institutions and prohibit the collection of capitation fees, are ultra vires and violative of Articles 26, 29, and 30 of the Constitution of India, which guarantee the rights of minorities to establish and administer educational institutions of their choice.

SEETHAREM REDDY, J.

( 1 ) THIS petition seeks to issue a writ of Mandamus declaring various provisions of the Andhra Pradesh Educational Institutions (Regulation of admissions and Prohibition of Capitation Fee) act 1983 (hereinafter referred to as the act ) as ultra vires of Articles 26, 29 and 30 of the Constitution of India, and consequently directing the respondents to forbear from implementing the same.

( 2 ) DURING the time when the case was heard; including not only the day when the arguments came to an end but also later, employees of this High court were on strike. Therefore, the detailed reasoning for the judgment was postponed, though the operative portion of the judgment was pronounced on that day hence these reasons.

( 3 ) RELEVANT format of the case is: the petitioner-society styled- sultan-UI-Uloom Education Society, Hyderabad , was registered in the year 1980 under the a. P. (Telangana Area) Public Societies regulation Act, 1350 Fasti. It is, as per the affidavit filed in support of the petition, a Muslim minority institution set up to promote modern and Scientific education and to help, develop the character of the younger generation of all castes communities and religions in general and of Muslims in particular. One of the aims and objects is to establish Technical, scientific and Educational institutions. All the members of the Society and Office bearers are Muslims. The Society decided to establish a college of Engineering and technology commencing from the academic year 1981-82 and so on request, the state Government accorded permission through its letter dated 4-9-1980 on ceitairt conditions rh petitioner Society was also permitted to levy capitation fee on students seeking admission. It was, however, made clear that no financial aid, recurring, and non- recurring shall be made available. On certain conditions being fulfilled an Inspection Commission appointed by the Osmania University, to which this institution was seeking affiliation, afier spot inspection of the college, submitted its recommendations inter alia, to grant provisional affiliation to the college for two years. OVie of the conditions imposed by the State Government was that the petitioner-society is to fill up 70% of the seats strictly in accordance with merit-cum-capitation fee, and the rest of 30%seats will be filled up by the management at their discretion, however, subject to rules and procedure of admission. The college, therefore, came into being on 1-12-1980 and commenced courses with an intake of 150 students in three disciplines-Civil, Mechanical and Electronics communications. The provisional affiliation granted earlier was further extended. Out of 14 private Engineering Colleges, the petitioner-Society is the only one which is run by the Muslim minority community.

( 4 ) WHILE so, the Government of andhra Pradesh promulgated Ordinance 3 of 1983 on 30-1-1983, which sought to regulate admission to educational institutions and to prohibit the collection of capitation fee. The Ordinance however, was not applicable to the institution run by the petitioner-society. Subsequently, the State Legislature enacted the impugned Act and brought it into force with effect from 30-1-1983 the date on which the Ordinance was brought into force. It received the assent of the Governor on 6-4-1983. In the Act, however, the provision contained in the Ordinance, which saved minority educational institutions from its operation, has been omitted thereby making it applicable to the minority institutions as well. The Act, therefore, makes drastic inroads into the rights of the minorities to establish and administer educational institutions of their choice. The provisions of the Act obligate the management to a particular method of admission, which violate the constitutional guarantees provided to minority communities under Articles 26, 29 and 30 of the Constitution of India. Hence this Writ petition.

( 5 ) THE affidavit in opposition fited on behalf of the S

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