IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 14773 of 2008 Between: 1 Holy Jesus & Mary PG College of Computer Science Rep.by its Secretary and Correspondent Dr.R.James David S/o.late Dr.R.David 12-13-1275 Tarnaka Secunderabad 2 David Memorial Institute of Management rep.by its PG College of Computer Science, rep.by its Secretary and Correspondent Dr.R.James David S/o.late Dr.R.David 12-13-1275 Tarnaka Secunderabad ..... PETITIONERS AND 1 Government of A.P Rep.by its prl Secretary Higher Education Secretariat, Hyderabad 2 A.P.State Council Higher Education Rep.by its Secretary Opp.Mahavir Hospital Lakdikapul, Hyderabad-500004 3 The Convener ICET 2008 Beside University Computer Center University College of Engineering of Osmania University Hyderabad .....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 appropriate writ, order or direction particularly a writ of mandamus declaring the proposed action of the respondent Nos. 2 and 3 in granting admissions to non-minority Christian candidates to the petitioner colleges for two year MBA / MCA degree course for the academic year 2008- 2009, as illegal, arbitrary and violative of A.P.Educational Institutions (Regulation of Education and Prohibition of capitation fee) Act, 1983 and Andhra Pradesh Regulation of Admissions into MBA / MCA Professional courses through Common Entrance Test Rules-2006 and issue consequential direction directing the respondents to grant admissions only to minority candidates in the petitioner colleges / hand over the left over category -A seats to the respective college managements by the Convener of admissions for ﬁlling up at the institutions level and follow the rules set out in A.P.Regulation of Admissions into MBA / MCA or in the alternative this Hon'ble Court may be pleased to declare G.O.Ms.No. 70, Higher Education (EC-1) Department, dt. 10/07/2007, G.O.Ms.No. 61, Higher Education (EC-2) Department dt. 13/05/2008 as illegal, arbitrary and violative of Articles 29 and 30 of the Constitution of India, set aside the same and issue a further consequential direction directing the oﬃcial respondents herein to make admissions into ﬁrst year MBA Decree Course for the academic year 2008-2009, strictly in accordance with G.O.MS.No. 59, Higher Education (EC-1) Department, dt. 26/05/2006. Counsel for the Petitioner:MR.J.PRABHAKAR Counsel for Respondents1 and 2: GP FOR EDUCATION Counsel for Respondent NO.3: MR. DEEPAK BHATTACHARJEE The Court made the following : ORDER: Heard both sides and at their request, the main writ petition itself is taken up for disposal at the admission stage. The grievance of the petitioners is that conversion of left over seats to non-minority candidates is illegal and arbitrary. According to the learned counsel on behalf of both the contesting respondents, there are no such instructions at all and no such conversion has been made. Having regard to the same, nothing survives in this writ petition and the writ petition is closed. However, the petitioners are at liberty to challenge, if any similar grievance is made out at any point of time. No costs. __________________ B. PRAKASH RAO, J __________________ R. KANTHA RAO, J Dated: 25.08.2008. sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Prl.Secretary, Higher Education Secretariat, Hyderabad 2 The Secretary, A.P.State Council Higher Education, Opp.Mahavir Hospital Lakdikapul, Hyderabad-500004 3.2CCs to the Government Pleader for Education, High Court Buildings, Hyderabad.(OUT) 4.2CD copies Form-NIC-OGS/WP{BMR}