THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.4217 of 2006 DATED: 08.06.2010 Between: Repalle Christian College of Education, Bethampudi, Repalle Mandal, Guntur District, Rep. by its Secretary R. Francis .. Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary, Minority Welfare Department, Secretariat, Hyderabad and another .. Respondent ORDER: This writ petition has been filed by Repalle Christian College of Education, Repalle, Guntur District, assailing the action of the Secretary, Minorities Welfare (M&R) Department, Government of Andhra Pradesh - 1st respondent, in issuing Memo No.535/M&R/A1/2006-39 dated 27.02.2006. Rule nisi came to be issued on 03.03.2006. Learned Standing Counsel appearing for respondent No.2 submits that the issue involved in this writ petition has been squarely covered by the order of this Court dated 01.06.2010 passed in W.P.No.4054 of 2006 and batch. It is trite to refer the relevant portion of the order in the said writ petitions and it is thus: “It is not as if that the institutions established by the petitioners cannot be run, in view of the impugned orders. The institutions would remain in tact. The only difference is that the petitioners would cease to have the privilege to jump the queue or to by-pass the regulations, which the other institutions are required to follow, under law. Even according to the petitioners, adequate students of their respective minority community are not available. It can be either that the interests of students are already taken care of by other institutions, or that there is no further necessity to establish or continue institutions for their exclusive benefit. Either way, the petitioners cannot insist on their being recognized as minority institutions, despite non-availability of the candidates. If their plea is to be accepted, a minority institution imparting an otherwise secular education can continue even with a single candidate from that community or in a given case, wholly with candidates hailing from other communities. The makers of the Constitution may not have contemplated such a situation even, in their dreams.” This factual aspect has not been controverted by the learned counsel appearing for the petitioner. Hence, following the order dated 01.06.2010 passed in W.P.No.4054 of 2006 and batch, the writ petition is dismissed, reserving liberty to the petitioner to make a fresh application for recognition as Minority Educational Institution. No order as to costs. _________________________ B. SESHASAYANA REDDY, J 8th June, 2010. IBL