IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17860 of 2008 Between: David Memorial Degree and P.G. College Rep. by its Principal, Secretary & Correspondent, R. James David S/o. R. David, aged 74 yrs 12-13-1275, Jehovah Jitech, Tarnaka, Secunderabad. ..... PETITIONER AND 1 The A.P. State Council of Higher Education, Rep. by its Secretary, Saifabad, Hyderabad. 2 A.P.S.R.T.C. rep. by its Regional Manager, Sec'bad Region, Hyderabad. ...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 issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in imposing condition Nos. 9 & 10 in his proceedings in Rc No. APSCHE/PG/OU-9/II-Phase/Secy/2008 dt. 30-6-2008 depriving the students of the petitioner college of the benefits of scholarships and Bus Passes as illegal, arbitrary and discriminatory and set aside the said condition and to pass and to pass Counsel for the Petitioner:MR.J.VENKATESWARA REDDY Counsel for the Respondent No.: C.SUDESH ANAND(SC FOR APSCHE) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 17860 OF 2008 ORDER: 1. This writ petition has been filed by David Memoraial Degree and P.G. College represented by its Principal, Secretary and Correspondent, R.James David assailing the action of A.P. State Council of Higher Education in issuing the Proceeding Rc.No. APSCHE/PG/OU-9/II-Phase/Secy/2008, dated 30-6-2008 whereby disentitling the petitioner’s college to forward the scholarships application and buss- passes applications of the students admitted in M.Sc., Organic Chemistry. 2. The petitioner college is a minority institution imparting education in various courses. The college was permitted by State Council of Higher Education to start M.Sc., Organic Chemistry for the academic year 2008-09 vide proceeding Rc.No. APSCHE/PG/OU-9/II-Phase/Secy/2008, dated 30-6-2008. While granting permission 1st respondent imposed condition on the petitioner college not to forward the scholarship applications and bus-pass applications of the students. 3. It is the contention of the petitioner’s college that candidates admitted in the petitioner’s college are from SCs, STs and B.Cs and minority categories. Since specific condition has been imposed where under the petitioner’s college shall not forward bus passes application and scholarship aplication, the petitioner’s college choose to approach this Court invoking jurisdiction under Article 226 of the Constitution of India. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the 2nd respondent. 5. Learned standing counsel appearing on behalf of the second respondent submits that if the 1st respondent permits the petitioner college to forward the application for issuance of bus passes, the 2nd respondent is prepared to consider the said applications. 6. In that view of the matter, the writ petition is disposed of directing the petitioner college to submit representation to the A.P. State Council of Higher Education-1st Respondent to consider exclusion of condition No. 10 imposed in the proceedings dated 30-6-2008 and on such representation being submitted by the petitioner college, the 1st respondent shall consider the same and pass appropriate orders within four weeks thereafter. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 18th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 17860 OF 2008 18th August, 2008.