IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23939 of 2007 Between: Bharath College of Educatioan, Kadapa, Kadapa District, Rep. by its Correspondent & Secretary Sri S. Nazeer Ahamed,S/o.Mohd.Miya aged 45 yrs, R/o.Kadapa, Cuddapah District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, School Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & 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 Hospital, Masab Tank, Hyderabad. 4 The Office of the Admission and Fee Regulatory Committee Rep. by its Member Secretary, 1st Floor, (South Wing) Gagan Vihar, M.J. Road, Hyderabad. 5 The Convener, Ed. CET-AC SW-II, H.No. 5-9-24/79 Aligarh Building, Hill Fort Road, Basheerabagh, Hyderabad. 6 Sri Venkateswara University, Tirupathi, Chittoor District, Rep. by its Registrar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th Respondent in issuing the impugned proceedings Vide Lr.No. 7/AFRC-RA/2007-981 dt. 11-10-2007 as illegal, arbitrary, violative of Article 14, 21 of the Constitution of India and in gross violative of principles of natural justice and consequently set a aside the same and pass such other order or orders as this Hon'ble Court deem fit and proper. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 23948 of 2007 Between: Madina College of Education, Huzurnagar, Nalgonda Dist, Rep.by its Correspondent & Secretary, Sri Syed Jaffair, S/o.Syed Jamal, R/o.H.No.3- 250/4/1, Madina Nagar,Kodad, Nalgonda Dist ..... PETITIONER AND 1 The Govt.of A.P, rep.by its Secretary, School Education Department, Secretariat Buildings,Hyderabad 2 The Commissioner & Director of School Education, Govt.of A.P, Saifabad,Hyderabad 3 The A.P.State Council of Higher Education, Rep.by its Secretary,Opp. Mahavir Hospital, Masab Tank, Hyderabad 4 The Office of the Admission Fee Regulatory Committee, Rep.by its Member Secretary, Ist Floor (South Wing) Gagan Vihar, M.J.Road, Hyderabad 5 The Convener Ed.CET-ACS-II, H.No.5-9-24/79, Aligarh Building,Hill Fort Road, Basheerbagh,Hyderabad 6 The Osminaia Unuversity, Hyderabad, Rep.by its Registrar .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned proceedings vide Lr.No.APSCHE/CETS/EDCET-06/80% Quota/2006-07/OU-329 dt.03-10-2007 and 4th respondent in issuing the impugned proceedings vide Lr.No.7/AFRC-RA/2007-991 dt.11-10-2007 as illegal, arbitrary, violative of Article 14,21 of the Constitution of India and in gross violative of principles of natural justice and consequently set aside the same. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 23972 of 2007 Between: Khateeja khatoon college of Education, Nidamanoor Nalgonda District, rep.by its Correspondent & Secretary Sri Mohd.Yosuf, S/o.Hussain, aged about 45 years R/o.H.No.1-1-157, J.J.Nagar, Suryapet, Nalgonda district ..... PETITIONER AND 1 The Government of AP., rep.by its Secretary, School Education Department , Secretariat Buildings, Hyderabad 2 The Commissioner & Director of School Education Govt of AP., Saifabad, Hyderabad 3 The AP State Council Of Higher Education, Rep.by its Secretary, Opp:Mahavir Hospital, Masab Tank, Hyderabad 4 The office of the Admission and Fee Regulatory committee rep.by its member secretary, 1st Floor, (South Wing) Gagan vihar, M.J.Road, Hyderabad 5 The Convenr, Ed.CET-AC SW-II, H.No.5-9-24/9, Aligarh Buildin Hill Fort Road, Basheerbagh, Hyderabad 6 The Osmania Universtiy, Hyderabad, rep.by its Registrar .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in issuing the impugned proceedings vide Lr.No.7/AFRC-RA/2007-09 dated 11.10.2007 as illegal, arbitrary, violative of Article 14,21 of the Constitution of India and in gross violative of principles of natural justice and consequently set a aside the same and pass Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 23973 of 2007 Between: Azeezia College of Education,Miryalaguda, Nalgonda Dist, Rep.by its Correspondent & Secretary, Sri Muneer Ahamed Afsar,S/o.Late Mohd.Abdul Aziz, R/o.H.No.5-8/75, Manyam Chalka Nalgonda Dist ..... PETITIONER AND 1 The Govt.of A.P, rep.by its Secretary, School Education Department, Secretariat Buildings,Hyderabad 2 The Commissioner & Director of School Education, Govt.of A.P, Saifabad, Hyderabad 3 The A.P.State Council of Higher Education, Rep.by its Secretary,Opp. Mahavir Hospital, Masab Tank, Hyderabad 4 The Office of the Admission Fee Regulatory Committee, Rep.by its Member Secretary, Ist Floor (South Wing) Gagan Vihar, M.J.Road, Hyderabad 5 The Convener Ed.CET-ACS-II, H.No.5-9-24/79, Aligarh Building,Hill Fort Road, Basheerbagh, Hyderabad 6 The Osminaia Unuversity, Hyderabad, Rep.by its Registrar .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned proceedings vide Lr.No.7AFRC-RA/2007-980 dt.11-10-2007 as illegal, arbitrary, violative of Article 14,21 of the Constitution of India and in gross violative of principles of natural justice and consequently set aside the same. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 24111 of 2007 Between: Mohammadens College of Education, Devarakonda Nalgonda District, rtep.by its Correspondent/Secretary Sri Muneer Ahamed Afsar, S/o.Late Mohd.Abdul Azizi aged about 55 years,R/o.H.No.5-8/75, Manyam Chalka Nalgonda, Nalgonda district ..... PETITIONER AND 1 The Government of AP., rep.by its Secretary, School Education Department, Secretariat Buildings, Hyderabad 2 The Commissioner & Director of School Education, Govt of AP., Saifabad, Hyderabad 3 The AP State Council of Higher Education, rep.by its Secretary, Opp:Mahavir Hospital, Masab Tank,Hyderabad 4 The office of the Admission and Fee Regulatory committee rep.by its Member Secretary, 1st floor, (south wing) Gagan vihar, M.J.Road, Hyderabad 5 The Convenor, Ed-CET-AC SW-II, H.No.5-9-24/79, Aligarh Building, hill Fort Road, Basheerbagh ,Hyderabad 6 The Osmania University, Hyderabad, rep.by its Registrar .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in issuing the impugned proceedings vide LR.No.7/AFRC-RA/2007-983 dated 11.10.2007 as illegal, arbitrary, violative of Article 14,21 of the Constitution of India and in gross violative of principles of natural justice and consequently set aside the same and pass Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 24354 of 2007 Between: Sana College of Education Kodad, Nalgonda District, rep. by its Correspondent & Secretary, Sri Md.Nazeeruddin S/o. Naseeruddin Aged about 40 years, R/o. Kodad, Nalgonda District. ..... PETITIONER AND 1 The Government of A.. rep. by its Secretary, School Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, Govt. of A.P., Saifabad, Hyderabad. 3 The A.P. State Council of Higher Education, rep. by its Secretary, Opp: Mahavir Hospital, Masab Tank, Hyderabad. 4 The Office of the Admission and Fee Regulatory Committee, rep. by its Member Secretary, 1st Floor (South Wing) Gagan Vihar, M.J. Road, Hyderabad. 5 The Convenor Ed.CET-AC SW-II, H.No.5-9-24./79, Aligarh Building, Hill Fort Road, Basheerbagh, Hyderabad. 6 The Osmania University, Hyderabad Rep. by its Registrar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the impugned proceedings vide Lr.No.APSCHE/CETS/EDCET-06/80% Quota/2006-07/OU-332 dt. 03.10.2007 and 4th respondent in issuing the impugned proceedings vide Lr.No.7/AFRC-RA/2007-999 dt. 11.10.2007 as illegal, arbitrary, violative of Article 14, 21 of the Constitution of India and in gross violative of principles of natural justice and consequently set aside the same, and pass such other order or orders. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 26744 of 2007 Between: M.AK. Azad College of Education, Ibrahimpatnam, Ranga Reddy District, rep byits Correspondent & Secretary Sri Mohd. Habeebuddin S/o Khaja Mynuddin aged 44 years R/o H. No. 6/B, MIGH, Santoshnagar Colony, Hyderabad. ..... PETITIONER AND 1 The Government of AP., rep by its Secretary, School Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, Government of A.P., Saifabad, Hyderabad. 3 The A.P. State Council of Higher Education, rep by its Secretary, Opp: Mahavir Hospital, Masab Tank, Hyderabad. 4 The Office of he Admission and Fee Regulatory Committee, rep by its Member Secretary, 1st Floor (south Wing), Gagan Vihar, MJ Road, Hyderabad. 5 The Convener Ed. CeT-AC SW-II H. No. 5-9-24/79, Aligarh Building, Hill Fort Road, basheerbagh, Hyderabad. 6 The Osmania university, Hyderabad. rep by its Registrar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in issuing the impugned proceedings vide Lr. no.7/AFRC-RA/2007-1001 dt 11-10-2007 as illegal, arbitrary, violtive of Article 14, 21 of the Constitution of India and in gross violative of Principles of natural justice and consequently set a side the same, and pass such other order or orders as this Hon'ble Court deem fit and proper. Counsel for the Petitioner:MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 122 of 2008 Between: Islamia College of Education, Bandlaguda, Hyderabad, No.17-3-1/5, S.R.T.C olony, Yakutpura, Hyderabad rep. by its Correspondent & Secretary, Sri Khaja Hassan, S/o. Khaja Ahmed Ali, aged about 55 years, R/o. Yakutpura, Hyderabad. ..... PETITIONER AND 1 The Government of A.P. rep. by its Secretary, School Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, Govt. of A.P. Saifabad, Hyderabad. 3 The A.P. State Council of Higher Education, rep. by its Secretary, Opp: Mahavir Hospital, Masab Tank, Hyderabad. 4 The Office of the Admission and Fee Regulatory Committee rep. by its Member Secretary, 1st floor, (South Sing) Gagan Vihar, M.J. Road, Hyderabad. 5 The Convenor Ed.CET-AC SW-II, H.No.5-9-24/79, Aligarh Building Hill Fort Road, Basheerbagh Hyderbaad. 6 The Osmania University, Hyderabad, rep. by its Registrar, Tarnaka,Hyderabad, Hyderabad District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the impugned proceedings vide Lr.No.APSCHE/CETS/EDCET-06/80% Quota/2006-07/)U-323 dated 03.10.2007 and 4th respondent in issuing the impugned proceedings vide Lr.No.7/AFRC- RA/2007-993 dt. 11.10.2007 as illegal, arbitrary, violative of Article 14, 21 of the Constitution of India and in gross violative of principles of natural justice and consequently set a side the same, and pass such other or orders. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION Nos.23939, 23948, 23972, 23973, 24111, 24354 & 26744 OF 2007 AND W.P.No.122 OF 2008 COMMON ORDER : All these writ petitions are filed seeking a declaration that the proceedings of the Admission and Fee Regulatory Committee, dated 11.10.2007 thereby canceling the admission of non-minority candidates admitted into the petitioner institutions for the academic year 2006-07 as arbitrary and illegal. It is to be noted that by virtue of the interim orders granted by this Court from time to time during the pendency of these writ petitions the students whose admissions were cancelled were allowed to appear for the examinations and their results were also published. It is also brought to my notice by the learned Counsel for both the parties that the subsequent orders passed by the Government levying penalties for the alleged deviation by the petitioner institutions are the subject-matter of a batch of fresh writ petitions pending in this Court. In view of the subsequent developments and particularly having regard to the fact that the students admitted into the petitioner institutions have appeared for the examinations and their results were also published, no further enquiry is necessary in these writ petitions. Accordingly, all the writ petitions are disposed of leaving it open to both the parties to urge the grounds that are raised in these writ petitions in the batch of writ petitions which are pending against the orders passed by the Government levying penalty. No costs. _____________ G. ROHINI, J. Dt. 23.04.2009 klp