IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 5721 of 2003 Between: 1 Noor Educational Society (Regd.No.2826/88) rep. by its Secretary-cum-Correspondent Sri Mirza Farhatullah Baig, Flat No.104, Mass Tower's Complex, Farha Colony, Sayeedabad Hyderabad – 59. 2 Noor College of Education rep. by its Secretary-cum- Correspondent Sri.Mirza Farhatullah Baig, Amangal Road, Shadnagar, Mahaboobnagar. ... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary (Education Department) Secretariat Buildings, Hyderabad 2 The Government of Andhra Pradesh rep .by its Principal Secretary (Minorities Welfare M&R Department) Secretariat Buildings, Hyderabad 3 The Osmania University rep. by its Registrar Hyderabad 4 The Convener, I/C, EdCET-2002 Delta Studies Institute, Andhra University, Sivajipalem Visakhapatnam - 17 ....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 declare c). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India d) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of Writ of Mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Muslim Minority Educational Institution to impart B.Ed. Course as supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.L.RAVICHANDER Counsel for the Respondent NoS.1 AND 2 : THE ADVOCATE GENERAL Counsel for the Respondent No.3: STANDING COUNSEL FOR O.U. Counsel for the Respondent No.4 : SRI T.S.HARINATH. WRIT PETITION NO : 5731 of 2003 Between: 1 Gajwel Minorities Educational Society (Regd.No.8494/99) Pragnapur (V), Gajwel Mandal MEDAK DISTRICT. rep. by its President Sri Syed Khurshid Ahmed 2 Gajwel College of Education rep. by its President Sri Syed Khurshid Ahmed Pragnapur (V), Gajwel Mandal, MEDAK DISTRICT. .... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary (Education Department) Secretariat Buildings, Hyderabad. 2 The Government of Andhra Pradesh rep. by its Principal Secretary (Minorities Welfare M&R Department) Secretariat Buildings Hyderabad 3 The Osmania University rep. by its Registrar, Hyderabad. 4 The Convenor I/C.Edcet - 2002 Delta Studies Institute Andhra University Sivajipalem Visakhapatnam - 17 ....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare a). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India b) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of Writ of Mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Muslim Minority Educational Institution to impart B.Ed. Course as supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.S.SRI RAM Counsel for the Respondent Nos.1 and 2: THE ADVOCATE GENERAL Counsel for the Respondent No.3 : STANDING COUNSEL FOR O.U. Counsel for the Respondent No.4: SRI T.S. HARINATH WRIT PETITION NO : 5835 of 2003 Between: 1 Sana Educational Society (Regd.No.4694/97) 8-620, Muslim Street, Ranganayakulapet, Nellore-524 001 rep.by its President Sri Khaja Basha Mohiuddin 2 Sana College of Education, rep. by its President Sri Khaja Basha Mohiuddin, Chemudugunta, Nellore. ... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary, (Education Department), Secretariat Buildings, Hyderabad. 2 The Government of Andhra Pradesh rep. by its Principal Secretary (Minorities Welfare M&R Department) Secretariat Buildings Hyderabad. 3 Sri Venkateswara University, rep. by its Registrar, Tirupati. 4 The Convenor I/C Edcet-2002 Delta Studies Institute Andhra University, Sivajipalem, Visakhapatnam -17 ....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare c). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India d) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of Writ of Mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Muslim Minority Educational Institution to impart B.Ed. Course as supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.KATRAM.MURLIDHAR REDDY Counsel for the Respondent Nos.1 and 2: THE ADVOCATE GENERAL Counsel for the Respondent No.3: STANDING COUNSEL FOR V.U Counsel for the Respondent No.4: Sri T.S.HARINATH. WRIT PETITION NO : 5850 of 2003 Between: 1 Nova Educational Society (Regd.NO.4069/1998) 16-11-22/12/1, Plot NO.12 Krishnatulasi Nagar, Moosarambagh, Hyderabad. rep. by its Secretary M.Krishna Rao 2 Nova College of Education rep. by its Secretary M.Krishna Rao, Vegavaram Village, Jangareddigudem Mandal, West Godavari District. ....PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary (Education Department), Secretariat Buildings Hyderabad 2 The Government of Andhra Pradesh rep. by its Principal Secretary (Minorities Welfare M&R Department) Secretariat Buildings Hyderabad 3 The Andhra University rep. by its Registrar, Visakhapatnam. 4 The Convenor I/C Edcet-2002 Delta Studies Institute Andhra University Sivajipalem Visakhapatnam-17 ....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare a). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India b) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of Writ Of Mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Christian Minority Educational Institution to impart B.Ed. Course as a supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.S.SRI RAM Counsel for the Respondent Nos.1 and 2: THE ADVOCATE GENERAL Counsel for the Respondent No.3: STANDING COUNSEL FOR A.U. Counsel for the Respondent No.4: SRI T.S.HARINATH. WRIT PETITION NO : 5851 of 2003 Between: 1 St. Martin's Education Society (Regd.No.6393/2000) rep. by its Secretary Sri.Ch.Malla Reddy 291, Comssary Bazar New Bowenpally Secunderabad 2 Malla Reddy B.Ed. College rep. by its Secretary Sri.Ch.Malla Reddy, 114-116, 129-130 Suraram Village, Qutbullapur, RangaReddy District. .... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary (Education Department) Secretariat Buildings Hyderabad 2 The Government of Andhra Pradesh rep. by its Principal Secretary (Minorities Welfare M&R Department). Secretariat Buildings Hyderabad 3 The Osmania University rep. by its Registrar Hyderabad 4 The Convenor I/C Edcet 2002 Delta Studies Institute Andhra University Sivajipalem Visakhapatnam -17 ....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 declare a). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India b) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of Writ Of Mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Christian Minority Educational Institution to impart B.Ed. Course as supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.S.SRI RAM Counsel for the Respondent Nos.1 and 2: THE ADVOCATE GENERAL Counsel for the Respondent No.3 : STANDING COUNSEL FOR O.U. Counsel for the Respondent No.4: SRI T.S.HARINATH WRIT PETITION NO : 5888 of 2003 Between: 1 Azad Educational Society Regd. No.5147/1997 12-2-419/B/1, Alapathi Nagar Colony Mehadipatnam, Hyderabad - 500 059 rep. by its Secretary Sri.Mohd.Ghouse Moinuddin 2 A.E.S.College of Education Regd. No.5147/1997 Moinabad Chevella Revenue Division Rangareddy District rep. by its Secretary Sri.Mohd.Ghouse Moinuddin ..... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary Education Department Secretariat Buildings, Hyderabad 2 The Government of Andhra Pradesh rep. by its Principal Secretary Minorities Welfare M&R Department Secretariat Buildings, Hyderabad 3 The Osmania University Hyderabad rep. by its Registrar 4 The Convenor I/C, Edcet - 2002 Delta Studies Institute Andhra University Sivajipalem Visakhapatnam- 17 ....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare a). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India b) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of writ of mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Muslim Minority Educational Institution to impart B.Ed. Course as supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.S.SRI RAM Counsel for the Respondent Nos.1 and 2: ADVOCATE GENERAL Counsel for the Respondent No.3: STANDING COUNSEL FOR O.U. Counsel for the Respondent No.4: SRI T.S.HARINATH. WRIT PETITION NO : 6421 of 2003 Between: 1 Banjara Educational Society Regd.No/1426/90 Road NO.12, Banjara Hills Hyderabad, rep. by its Secretary Cum Correspondent Mohd.Omer Hadi 2 Residency College of Education rep. by its Secretary Cum Correspondent Mohd.Omer Hadi Vikarabad, Rangareddy Dist .... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary (Education Department) Secretariat Buildings, Hyderabad. 2 The Government of Andhra Pradesh rep. by its Principal Secretary, (Minorities Welfare M&R Department) Secretariat Buildings, Hyderabad, 3 Osmania University rep. by its Registrar Hyderabad 4 The Convenor I/C., EdCET-2002 Delta Studies Institute, Andhra University, Sivajipalem, Visakhapatnam-17. ....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare c). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India d) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of Writ of Mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Muslim Minority Educational Institution to impart B.Ed. Course as supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.M.PRASADA RAO Counsel for the Respondent Nos.1 and 2: THE ADVOCATE GENERAL Counsel for the Respondent No.3: STANDING COUNSEL FOR O.U. Counsel for the Respondent No.4: SRI T.S.HARINATH WRIT PETITION NO : 6776 of 2003 Between: 1 Chinta Reddy Madhusudhan Reddy Educational Society Regd.No.1713/91, H.No.2-1-444 Opp:Fever Hospital, OU Road, Nallakunta, Hyderabad rep. by its President Sri G.Chandra Sekhar Reddy 2 Bharat College of Education H.No.2-1-444 Opp:Fever Hospital, OU Road, Nallakunta, Hyderabad rep. by its President Sri. G.Chandra Sekhar Reddy ..... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary, Education Department, Secretariat Buildings, Hyderabad 2 The Government of Andhra Pradesh rep. by its Principal Secretary, Minorities Welfare M&R Department Secretariat Buildings, Hyderabad. 3 The Convenor I/C Edcet - 2002 Delta Studies Institute Andhra University Sivajipalem Visakhapatnam - 17 ....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare a). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India b) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of writ of mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Christian Minority Educational Institution to impart B.Ed. Course as supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.S.SRI RAM Counsel for the Respondent Nos.1 and 2: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.3: SRI T.S.HARINATH WRIT PETITION NO : 6907 of 2003 Between: 1 Holy Trinity Educational Society Regd.No. 619/1993 7-1-282, B.K.Guda, S.R.Nagar, Hyderabad rep. by its Chairman Sri.Y.Thomas Reddy 2 Holy Trinity College of Education Bogaram (V), Keesara (M) Rangareddy Dist rep. by its Chairman Sri.Y.Thomas Reddy ..... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Principal Secretary Education Department Secretariat Buildings, Hyderabad 2 The Government of Andhra Pradesh rep. by its Principal Secretary Minorities Welfare M&R Department Secretariat Buildings, Hyderabad 3 The Convenor I/C Edcet -2002 Delta Studies Institute Andhra University, Sivajipalem, Visakhapatnam - 17 ....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare a). G.O.Ms.No.34, Dt.24/03/2003 issued by Respondent No.1 as unconstitutional offending Article 30 of the Constitution of India b) G.O.Ms.No.5 Dt.18/3/2003 issued by Respondent No.2 as arbitrary, illegal and unconstitutional offending Article 30 of the Constitution of India by way of issue of a writ order or direction, one more particularly in the nature of writ of mandamus, and consequently direct the respondents to treat the 2nd petitioner as a Christian Minority Educational Institution to impart B.Ed. Course as supplementary batch for the academic year 2002-2003 and pass such other order. Counsel for the Petitioners: MR.S.SRI RAM Counsel for the Respondent Nos.1 and 2: G.P. FOR SCHOOL EDUCATION Counsel for the Respondent No.3: MR.T.S.HARNATH The Court made the following : COMMON ORDER: (Per Hon’ble Sri Justice B.Sudershan Reddy) Sri S. Sri Ram, learned counsel appearing on behalf of the petitioners submits that the cause in these Writ Petitions does not survive requiring any further adjudication. The Writ Petitions shall accordingly stand dismissed as infructuous. No order as to costs. _____________________ (B.SUDERSHAN REDDY,J) Dt.28..09..2004 ____________________ (K.C.BHANU, J) GS/KS To 1. The Principal Secretary (Education Department), Government of Andhra Pradesh Secretariat Buildings, Hyderabad 2 The Principal Secretary (Minorities Welfare M&R Department) Government of Andhra Pradesh Secretariat Buildings, Hyderabad 3 The Registrar, Osmania University Hyderabad 4 The Convener, I/C, EdCET-2002 Delta Studies Institute, Andhra University, Sivajipalem Visakhapatnam – 17. 5. The Registrar, Sri Venkateswara University, Tirupati. 6. The Registrar, Andhra University, Visakhapatnam. 7. Two CCs to the Advocate General, High Court of A.P. Hyderabad (OUT) 8. Two CCs to the G.P. for School Education, High Court Buildings, Hyderabad, (OUT) 9. Two CD Copies.