IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 16662 of 1998 Between: 1 Sri K. Parthasarathy S/o. K. Janardhana Rao 1-8-475 Chikkadapally, Hyderabad-20. 2 Kum. P.S. Anjani D/o. P.V.P.M. Rao 1-1-336/80 VIV Nagar, Chikkadpally, Hyderabad. ..... PETITIONER(S) AND 1 The State Government of A.P. Rep. by its Higher Education Secretary, Secretariat, Hyderabad. The Cause title amended as per court order dt. 9.7.98 2 The Registrar, Osmania University Hyderabad. 3 Chairman, A.P. State Council for Higher Education, Hyderabad. impleaded as per court order dt. 3.8.98 in WPMP 26098/98 4 Villa Marie P.G.College for Women, 6-3-1089, Somajiguda, Hyderabad. impleaded as per court order dt. 3.8.98 in WPMP 26098/98 5 St. Ann's College for Women (P.G) Center Mehdipatnam, Hyderabad. impleaded as per court order dt. 3.8.98 in WPMP 26098/98 6 David Memorial Institute of Management, 12-13-1275, Jehovah Jireh, Tarnaka, Secunderabad. impleaded as per court order dt. 3.8.98 in WPMP 26098/98 7 Loyola Academy, Alwal, Secunderabad-500010 impleaded as per court order dt. 3.8.98 in WPMP 26098/98 8 Ferguson College, P.G.Centre, 1-6-174/5/26, Bapujinagr, Musheerabad, Hyderabad 500 048 impleaded as per court order dt. 3.8.98 in WPMP 26098/98 9 Holy Mary Institute of Technology & Science, A-38, Road No.2, Filmnagar, Besides Appolo Hospital, Jubli Hills, Hyderabad. impleaded as per court order dt. 3.8.98 in WPMP 26098/98 10 Joly Jesus & Mary P.G. 12-13-1275, Jehovah Jireh, Tarnaka, Secunderabad. impleaded as per court order dt. 3.8.98 in WPMP 26098/98 11 Deccan School of Management Darus Salam, Aghapura Hyderabad. impleaded as per court order dt. 3.8.98 in WPMP 26098/98 12 Deccan College of Engineering & Technology Darus Salam, Aghapura, Hyderabad. impleaded as per court order dt 3.8.96 in WPMP 26098/98 13 Maffakam Jahi College of Engineering & Technology Post Box No. 14, PO, Banjara Hills, Hyderabad - 500 034. impleaded as per court order dt. 3.8.98 in WPMP 26098/98 .....RESPONDENT(S) 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 to issue an order, direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring that Section 4 of the A.P. Educational Institutions (Regulation of admission and prohibition of Capitation fee) Act 1983 which enables the Minority Educational Institutions to reserve 100% of their seats to the minority community students as discriminatory, illegal, unconstitutional and contrary to the provisions of Art.14 and 15(1) of the Constitution of India and the principles of justice laid down by the Apex Court from time to time and consequently direct the respondents to make an order that (1) the Minority Educational Institutions shall reserve seats only to the extent of 50% of their capacity for minority community students and further that (2) all admissions in the minority institutions be made by the Convenor appointed by the affiliating University for similar purpose in respect of other Educational Institutions or pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent : MR.B.ADINARAYANA RAO FOR R MR.B.NALIN KUMAR FOR R MR.K.RAMAKANTH REDDY FOR R MR.B.VENKATA SWAMY FOR R MR.RAMA RAO PHILKHANA FOR R MR.C.V.MOHAN REDDY FOR R MR.T.S.HARNATH FOR R GP FOR HIGHER EDUCATION FOR R THE ADVOCATE GENERAL FOR R THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 16662 of 1998 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) Sri P.Sudheer Rao, learned counsel appearing on behalf of Sri G.Vidya Sagar, learned counsel for the petitioner, submits that the cause in the writ petition does not survive adjudication and the writ petition has become infructuous. The Writ Petition is accordingly dismissed as infructuous. No order as to costs. ___________________________ GHULAM MOHAMMED,J _____________________________ VILAS V. AFZULPURKAR,J Dt:03-06-2009 usd