IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 69 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 21/01/2008 in WP NO : 24414 OF 2007 on the file of the High Court.) Between: Khateeja Khatoon College of Education, Nidmanoor, Nalgonda District, Rep. by its Vice President Sri S.K. Khayyum S/o.Jani Miya aged 34 years R/o.H.No. 1-1-157, J,.J. Nagar, Suryapet, Nalgonda District. ..... APPELLANT AND 1 The Government of Andhra Pradesh, Rep. bysd its Secretary, School Eduation Department, Secretariat Buildings, Hyderabad. 2 The Commisioner & Director of School Education, Government of Andhra Pradesh, Saifabad, Hyderabad. 3 The A.P. State Council of Higher Education, Rep. by its Secretary, Opp. Mahavir Hospial, Masab Tank, Hyderabad. 4 The Osmania University, Hyderabad, Rep. bys its Registrar. .....RESPONDENTS Counsel for the Appellant :MR.S.A.K.MYNUDDIN Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 69 of 2008 JUDGMENT : (Per Hon’ble Sri Justice R.Subhash Reddy) This writ appeal is filed by the original petitioner in writ petition No.24414 of 2007, aggrieved by the order dated 21st of January 2008, passed by the learned single Judge. 2. The appellant/college, which is imparting course in Education, is a recognized institute under the provisions of the National Council for Teacher Education Act, 1993. In the writ petition, the petitioner has questioned the orders dated 06.10.2007, issued in letter No.APSCHE/CETS/EDCET-06/Mgt- Quota/2006-07/OU-341 by the Andhra Pradesh State Council for Higher Education, disapproving the candidature of eight students, who are admitted into B.Ed. Course during the academic year 2006-07. The impugned proceedings are issued on the ground that the appellant-college admitted the students in deviation of the admission Rules framed under A.P.Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (hereinafter referred to as ‘the Act’). As per the said Rules, out of the sanctioned strength, seats are divided in various percentages to different subjects namely, Social Studies, Mathematics, Science, English, etc. In the instant case, it is the case of the respondents that the students mentioned in the impugned proceedings dated 06.10.2007 are admitted out of the 20% Management quota, but in excess of the ceiling fixed for the subject of Social Studies. Such of the students were not allowed to write examinations on the ground that their admissions were not approved. Then the appellant/college approached this Court and it is not in dispute that such of the candidates have already completed their one year course and also have appeared for the examinations. 3. Though the order passed by the learned single Judge is questioned on various grounds, but however, it is brought to our notice that when representations are filed by similarly placed colleges like the appellant with regard to admissions covered under 80% i.e. A-category seats for the same academic year of 2006-07, the Government has passed orders in G.O.Rt.No.295, dated 30th April 2008, regularizing such admissions by levying penalty amount of Rs.5,000/- per seat for deviation in methodology in respect of non-minority candidates and a penalty of Rs.25,000/- per seat/admission of non-minority candidates in minority college. However, it is submitted that asmuch as the admissions in the present case are made by the management within the quota of 20% i.e. B-Category of seats, and as there are no orders passed by the Government, they are not entitled for declaration of results as their admissions are not approved. 4. Though it is the case of the appellant that in view of the orders issued by the Government in G.O.Ms.No.87, dated 26.10.2007, the admissions were not in deviation of the Rules, but however, we do not accept the said contention for the reason that the students whose candidature is disapproved by the competent authority, were admitted during the academic year 2006-07, but however, the Rules were amended by G.O.Ms.No.87, issued on 26.10.2007, and as such, they cannot be made applicable for the admissions which are made for the academic year 2006-07. Be that as it may, as of now, the Government itself has considered the aspect of such violations in the process of admission of candidates in minority colleges in the Convener Quota i.e. 80% quota and ordered for regularization of such admissions, by levying penalties as mentioned in G.O.Rt.No.295, dated 30.04.2008. There is no reason for not extending the same benefit for such of the candidates who are admitted in similar manner in the management quota i.e. in 20% quota. Further, it appears that the students, who were admitted, were not informed that they were admitted in excess of the ceiling limit, which is fixed methodology wise, and they have already completed the course and also appeared for the examination. Further, taking into account the fact that the Government has already passed orders in similar such deviations with regard to A-category seats by issuing G.O.Rt.No.295, dated 30.04.2008, we dispose of this writ appeal, directing the respondents to approve the admissions, which are covered by impugned orders in the writ petition, by collecting necessary penalty amounts at the same rates as quantified in the orders issued by the Government in G.O.Rt.No.295, dated 30.04.2008. On payment of penalties by the management in terms of the orders issued by the Government, respondents are directed to announce the results of the students and issue necessary certificates. Further, we make it clear that this penalty amount shall not be collected from the students and the management of the college has to bear the expenditure towards the penalties. We are passing this order keeping in mind the career of the students who have completed the course and awaiting results. It is also to be noted that these colleges are in the habit of violating the statutory admission Rules framed under the Act and also approaching this Court at the eleventh hour when the admitted candidates are not allowed to write examinations, and it is not known inspite of such violations, as to how the recognitions of such colleges are renewed from year to year. In this view of the matter, we also direct that a copy of this order shall be sent to the National Council for Teacher Education, Southern Region, Bangalore, which shall also keep in mind about the said proceedings and the violations alleged against the institutions, at the time of renewal of recognitions. 5. Subject to above directions, we allow the writ appeal to the extent indicated above. No order as to costs. _________________ ANIL R. DAVE, CJ 24th June 2008 ______________________ R. SUBHASH REDDY, J ajr To 1 The Secretary, School Education Department, Government of AP., Secretariat Buildings, Hyderabad 2 The Commissioner & Director of School Education Govt. of AP., Saifabad, Hyderabad 3 The Secretary, AP State Council of Higher Education, Opp: Mahavir Hospital, Masab Tank, Hyderabad 4 The Registrar, Osmania University, Hyderabad. 5. National Council for Teacher Education, Southern Region, Bangalore.