BADDAM PRABHAVATHI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Baddam Prabhavathi who appeared for Education Common Entrance Examination for the academic year 1999-2000 conducted by the Convenor, Ed.CET-99, S.V. University and who secured rank of 1972 filed W.P.No. 17793 of 1999 seeking issuance of Writ of Mandamus to the 1st respondent i.e., Government of Andhra Pradesh and 2nd respondent Convenor, Ed.CET-99 to apply the norms and guidelines laid down by the Government of Andhra Pradesh in G.O.Ms.No. 184, Education (E.C.2) Department dated 20-8-1993 and G.O.Ms.No. 196, Education (E.C.2) Department dated 27-8-1993 issued by the Government pursuant to the interim orders of the Supreme Court dated 18-8-1993 in TMA Pai Foundation and others vs. State of Karnataka in relation to EAMCET examination for making admission into B.Ed Course and pass such other order or orders as the Court may deem fit.

(2.) G.O.Ms.No. 184, dated 20-8-1993 was issued by the Government in exercise of the powers conferred on it by sub-section (1) of Section 3 read with Section 15 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (hereinafter referred to as "Prohibition of Collection of Capitation Fee Act"). In G.O.Ms.No. 184, dated 20-8-1993 the Government issued guidelines for admission into 1st year under-graduate professional courses i.e., engineering, agriculture and medical through common entrance test. In Para 3(1) (a) of the said G.O. it is stated mat the admissions to these courses shall be made in the order of merit on the basis of the ranking assigned to the students in the Common Entrance Test (EAMCET) conducted for the purpose. Under Para 3 (1) (b) the requirement of qualifying at the Common Entrance Test was dispensed with for certain categories reserved in accordance with the rules in force. Under the Rule 85% of the seats in each course including the seats which are exempted from the need of common entrance test were reserved for local candidates and the 15% seats are left over for open competition. As this G.O. does not speak about minority educational institutions, the Government issued an executive order G.O.Ms.No. 196, dated 27-8-1993 with regard to admission of students into private minority engineering colleges in the State on the basis of the interim directions of the Supreme Court dated 18-8-1993 in T.M.A. Pai Foundation case (supra). As per this G.O., 50% of the total seats shall be filled up by candidates selected by competent authority following the rules applicable to the private unaided engineering colleges. The admission to the remaining 50% of the intake shall be regulated by the concerned minority management, but the selection shall be made strictly on the basis of merit, either determined on the basis of academic performance at the qualifying examination or on the basis of any objective test that the institution might itself hold or on the basis of performance at the EAMCET. To give statutory effect to this G.O., G.O.Ms.No. 184 was amended by issuance of G.O.Ms. No. 227, dated 22-7-1994, wherein Rule 8(a) relating to minority educational institutions was inserted. Under Rule 8(a) (1), 50% of the total intake in minority professional colleges have to be filled up by candidates selected by the competent authority on the basis of common merit list. The remaining 50% shall be filled up by the management from the candidates belonging to the minority community on the basis of merit either in the intermediate examination or rank in the EAMCET examination or rank in the test to be conducted by the management. Under Rule 8 (a) (ii) the management has to distribute 50% of the seats that can be filled up by them equally between free and payment seats. Under sub-clause (iv) the competent authority is empowered to conduct verification keeping in view the objective that the minority professional colleges are equally committed to promote excellence of the Professional Colleges as a vehicle of general secular education.

(3.) . The grievance of the petitioner in this writ petition is that as per G.O.Ms.No. 405, dated 6-11-1995, issued under Section 99 of the Andhra Pradesh Education Act, 1982 (Act No. 1 of 1982) (hereinafter referred as the Education Act) minority educational institutions were given free hand to make admissions either with the candidates belonging to minority for whose benefit the college was established or non-minority students without reference to the Convenor, Common Entrance Test, either on the basis of marks obtained by the students in the qualifying examination or on the basis of rank assigned to them in the entrance test, as the case may be. Along with the writ petition, the petitioner filed several press clippings wherein irregularities that are being committed by the management of the minority institutions in relation to admission to B.Ed. Course were brought to light.