HON’BLE SHRI G.S.SINGHVI, THE CHIEF JUSTICE AND HON’BLE SHRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL No.555 OF 2007 Between: Non-Minority Engineering & Professional Colleges Management Association and another . . .Appellants AND The State of Andhra Pradesh and others . . .Respondents :: JUDGMENT :: Counsel for the appellants : Shri D.V.Sitharammurthy Counsel for respondent Nos.1 & 2 : Government Pleader for Higher Education 24th August, 2007 PER G.S.SINGHVI, CJ This appeal is directed against order dated 22.06.2007 passed by the learned Single Judge in Writ Petition No.10598 of 2007 whereby he declined the appellants’ prayer for being allowed to conduct entrance test for admission of students to Engineering and Pharmacy courses in the colleges, which are members of the appellant associations. Yesterday, the case was adjourned and the learned Government Pleader was asked to seek instructions and make a statement before the Court about the possibility of permitting the appellants to conduct common entrance test. Today, the learned Government Pleader for Higher Education produced letter No.PSP/HE/32007, dated 23.08.2007 sent to him by Principal Secretary to Government, Higher Education Department. The same read as under: GOVERNMENT OF ANDHRA PRADESH HIGHER EDUCATION DEPARTMENT From: The Principal Secretary to Govt., Higher Education Department, A.P. Secretariat, Hyderabad. To The Government Pleader for Higher Education, A.P. High Court, Hyderabad. Sir, Letter No.PSP/HE/32007, dt.23.08.2007 Sub: W.A.No.555 of 2007 in W.P.No.10598 of 2007 filed by Non Minority Engineering & Professional Colleges Management Association, Hyderabad and one other. **** It is understood that when the above mentioned Writ Appeal has come up for hearing on 23.8.2007 the Hon’ble High Court wanted to know whether it would be practically possible to conduct the Common Engrance Test for Engineering/Pharmacy Courses offered by Member Colleges of the Petitioners Association of Professional Colleges. The Government is of the considered view that it would not be practically feasible to conduct a Common Entrance Test before the commencement of 2007-2008 Academic Session and in case such a test is permitted the process of conducting the test and admission of the students will take a period of about 3 months which will severely affect the academic instructions in respect of the concerned students. The estimated time required for completing various processes in this regard are given below: Sl.No. Stage of process No.of days required 1. Notification period required for calling of applications from intending candidates for the Common Entrance Test 30 2 Scrutiny and Process of applications after their submission 7 3 Despatch of Hall Tickets 7 4 Making arrangements and conducting the test 7 5 Evaluation of answer sheets & declaration of results 5 6 Sending of Rank Cards to qualified candidates 7 7. Notification period for calling candidates for Single Window Counselling 8 8. Conduct of Counselling and Admissions 15 Total: 86(or nearly 3 months) The Class for the 1st year of Engineering/Pharmacy courses are likely to commence in the 3rd week of September, 2007. Yours faithfully, Principal Secretary to Govt.,(H.E) In our opinion, even if the appellants are permitted to conduct separate test for filling up of the seats in the colleges, which are members of the appellants, it will be impossible to make admissions without violating the Constitution Bench judgment of the Supreme Court in Mridul Dhar v. Union of India[1]. Therefore, we do not consider it necessary to adjudicate the issue raised in the writ appeal or entertain the prayer made by the appellants in Writ Petition No.10598 of 2007. With the above observation, the appeal is disposed of as infructuous leaving the appellants free to file fresh petition as and when any such contingency arises. It is also made clear that the order passed by the learned Single Judge shall not operate as a bar against the appellants in future litigation. As a sequel to disposal of the main appeal in the manner indicated above, WAMP Nos.1074 and 1075 of 2007 filed by the appellants for interim relief are dismissed. G.S.SINGHVI, CJ 24th August, 2007 C.V.NAGARJUNA REDDY, J kvni [1] (2005) 2 SCC 65