SHAIK AKTAR BASBA Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) As both the writ petitions are inter- connected, they are disposed of by this common order. In the Entrance Examination held for admission into Engineering College in the State for academic year 1989-90, the petitioners in both the writ petitions secured ranks 5017 and 4390 respectively. They applied for the Entrance Examination to the Conveyor under Rule 8 of the Statutory Rules issued under Sec. 3 read with Sec. 15 of the A.P.Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983. The rules were issued in G.O.Ms.No. 62, Education (Rules) dated 10.2.1989. Sub-rule (6) of Rule 8 which is relevant reads thus:

(2.) In respect of the 4th respondent College, the Government issued G.O.Ms.No. 432, Education dated 20.10.1983 regulating the procedure to be observed in the matter of admissions. Para 3 in so far as it is relevant for the purpose of these writ petitions reads thus:-

(3.) Sult&n-ul-uloom Educational Society, Hyderabad which is running the 4th respondent College filed a writ petition in this Court challenging the constitutionality of certain provisions in the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 and ultimately, the matter was carried to Supreme Court by a Special Leave Petition. The Supreme Court by an order dated 9.12.1963 in Civil Appeal No. 1983, granted interim stay of operation of a part of Clause(c) of para 3 and Clause (d) of G.O.Ms.No. 432, Education dated 20.10.1983. The relevant portion of the order passed by the order passed by the Supreme Court reads:-