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 : 9377 of 2007 Between: 1 H.M.K.s. College of Education Kanagala Guntur district, rep by its Secretary & Correspondnet Sri Shaik Abdul Samad S/o Shaik Hasan Ahmed aged 47 years R/o Kanagala, Guntur District. 2 Hussaini College of Education, Venkatampet Duttaluru Mndal, nellore District, rep by its Correspondent & Secretary Sri Syed Hamza hussainy S/o S.A. Hussainy R/o Venkatampet, Duttaluru Mandal, Nellore District. 3 Dada Khalandariya College of Education, Kadapa, rep byits Correspondnet & Secrtary Sri S. Mahaboob Peeran S/o Dastagiri, aged 47 R/o Kadapa Kadapa District. 4 Shams-ul-uloom College of Education , Markapur Prakasam Distict, rep by its Correspondnet Sri Mirza Shamshe Ali Baig S/o Usman baig aged abotu 36 R/o Markapur, Prakasam District. 5 Shams-ul-Uloom College of Education, Podili Prakasam D District, rep by its correspondnet Sri Mirza Shamsheer Ali B S/o Usman baig aged 36 years R/o Markapur, Prakasam District. 6 Al-Momin College of Education Podili Prakasam District, rep by its Correspondnet & Secretary Sri M.A. Akhib Ahmed S/o M.A. Khayyum aged about 38 years R/o Podili, Prakasam district. 7 Hazarath Ameeruddin College of Education, Giddalur Prakasam District rep by its Treasure Sri S. basheer Ahamed S/o late S. Khader Basha age dabout 35 yeras R/o Giddalur, Prakasam District. 8 Bharath College of Education Kadapa, rep by its Correspondnet & Secretary Sri S. Nazeer S/o S. Mohammed Miya aged about 50 years R/o Kadap, Kadapa District. 9 Masha College of Education, yerraguntla Kadapa District rep by its Correspondnet & Secretary Sri S.K. Mahaboob Saheb S/o Abdul Sattar aged 54 years R/o Yerraguntla, cuddapah District. 10 Crescent College of Education, Anantapur rep by its Correspondnet & Secretary Sri K. M. Shakeel Shafi S/o Shafiullah aged about 43 R/o Anantapur anantapur District. ..... PETITIONERS AND 1 The Government of A.P., 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 Secretary, Andhra Pradesh State Council of Higher Education, Mahavir Marg, masab Tank hyderabad. 4 The Member Secretary, O/o the Committee to Oversee conduct of CETs by the Associationof Private Un- Aided Professional College and Allied Mateters 1st Floor (South Wing), Gagan Vihar, MJ Road, Hyderabadb 5 The Convenor ED. Cet-AC SW-II H. No. 5-9-24/79, Aligarh Building Hill Fort Road, basheerbagh, 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 5th respondent in not conducting the counseling as per the instructions of 3rd and 4th respondents and as per the orders of the 1st respondent issued in G.O.Ms. No. 92 dt 16- 11-2006 is illegal, arbitrary, and contrary to the Art. 14 of the Constitution of India, 1950 consequently direct the 5th respondent to conduct the counseling ED. CET-AC 2006-07 SW-II with non-Minority Candidates, 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 The Court made the following : WRIT PETITION NO : 23349 of 2007 Between: Hazarath Ameeruddin College of Education, Giddalur, Prakasam District, rep. by its Joint Secretary, Sri C.Nazeer Basha, S/o.Late C.Sattar Saheb Aged about 45 years, R/o. Giddalur, Prakasam District. ..... 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 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, Basheerbagh, Hyderabad. 6 Acharya Nagarjuna University, Rep. by its Registrar, Nagarjuna Nagar, Guntur 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 4th Respondent in issuing the impugned proceedings vide Lr.No.7/AFRC-RA/2007-1006 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 : 23362 of 2007 Between: Islamia College of Education, Siddipet, Medak District represented by its Correspondent & Secretary Smt.Sabiya Sultana, W/o Mohd.yousuf Ali, R/o Siddipet, Medak District. ..... PETITIONER AND 1 The Government of A.P., represented 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 represented by its Secretary, Opp:Mahavir Hospital, Masab Tank, Hyderabad. 4 The Office of the Admission and Fee Regulatory Committee, represented 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, Basheerbagh, Hyderabad. 6 The Osmania University, Hyderabad, represented 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/OU-310 dated 03-10-2007 and 4th respondent in issuing the impugned proceedings vide Lr.No.7/AFRC-RA/2007-989 dt.11-10-2007 as illegal, arbitrary, violative of Articles 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 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 : 23363 of 2007 Between: Panchsheel College of Education Gajulpet Street Nirmal, Adilabad District rep by its Correspondent, Sri M.a. Arshad, S/o Abdul Shukur, agd 31 years R/o Nirmal, Adilabad District. ..... PETITIONER AND 1 The Government of A.P., represented 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 represented by its Secretary, Opp:Mahavir Hospital, Masab Tank, Hyderabad. 4 The Office of the Admission and Fee Regulatory Committee, represented 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, Basheerbagh, Hyderabad. 6 the Kakatiya University, Warangal, Warangal District, repbyits 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.AFRC-RA/2007-997 dt.11-10-2007 as illegal, arbitrary, violative of Articles 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 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 : 23466 of 2007 Between: A1-Momin College of Education, Podili, Prakasam District represented by its Correspondent & Secretary, Sri Mohd.Abdul Akihib Ahamed, S/o M.A.Khayyum, R/o Podili, Prakasam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh represented 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, represented by its Secretary, Opp:Mahavir Hospital, Masab Tank, Hyderabad. 4 the Office of the Admission and Fee Regulatory Committee represented 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, Basheerbagh, Hyderabad. 6 The Acharya Nagarjuna University, Nagarjuna Nagar, Guntur District represented 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.APSHE/CETS/EDCET-06/80% quota/2006-07/ANU-322 dt.03-10-2007 and 4th respondent in issuing the impugned proceedings vide Lr.No.7/AFRC-RA/2007-982 dt.11-10-2007 as illegal, arbitrary, violative of articles 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 as this Hon'ble Court may 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 : 23477 of 2007 Between: Reeman College of Education, Sanga Reddy, Medak Dist Rep.by its Correspondent & Secretary, Sri Khaja Quayum Anwar, S/o.Anwar Adeeb, R/o.Hyderabad ..... 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 and Fee Regulatory Commitee, Rep.by its Member Secretary, Ist Floor, (South Wing), Gagan Vihar,M.J.Road, Hyderabad. 5 The Convener, Ed CET-AC-II, H.No.5-9-24/79, Aligarh Building,Hill Fort Road, Basheerbagh, Hyderabad 6 The Osmania Universiy,Hyderabad, rep.by its Registrar, Tarnaka,Hyderabad, Hyderabad Dist .....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-315 dt.03-10-2007 and 4th respondent in issuing the impugned proceedings vide Lr.No.7/AFRC-RA/2007-1000 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 SC HOOL EDUCATION WRIT PETITION NO : 23669 of 2007 Between: Crescent College of Education, Anantapur, Anantapur District, rep by its Correspondent & Secretary Sri K.M. Shakeel Safi S/o K.M. Shafiulla, aged about 43 R/o H. No. 6/684, Ram nagar, Anantapur 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 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 byits 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 Sri Krishnadevaraya univeristy, Anantapur, Anantapur District, repy 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/SKU-314 dt 03-10-2007 and 4th respondent in issuing the impugned proceedings vide Lr.No. 7/AFRC-RA/2007-994 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 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 THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION Nos.9377, 23349, 23362, 23363, 23466, 23477 and 23669 of 2007 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. Date: 23.04.2009 KLP