Andhra Kesari College of Education v. State of A. P.
2002-12-16
P.VENKATARAMA REDDI, S.RAJENDRA BABU
body2002
DigiLaw.ai
JUDGMENT : 1. In these matters the petitioners sought for declaration that the A.P. Colleges of Education (Regulation of Admission into B.Ed. Course through Common Entrance Test) Rules, 1989 issued by the State Government dated 27.4.1989 and in 2001 insofar as they are made applicable to the minority institutions and insofar as the rules seek to prescribe the percentage of admission to different methodologies of B.Ed. Course as being illegal, arbitrary and unconstitutional apart from being ultra vires the A.P. Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 and the National Council for Teacher Education Act, 1993 and also G.O. No. 88 of 2001 dated 25.7.2001. 2. The matter was disposed of dismissing the petitions. When the special leave petitions were filed against that order, this Court granted interim order in the following manner : "We have heard Shri F.S. Nariman learned senior counsel appearing for the petitioners. Considering the prayer for interim relief it is ordered that the directions contained in the Government Order G.O. Ms. No. 174 dated 3.12.2001 may be carried out to the extent of going through the process of selection and preparing the list subject to the result of this case. The said list shall not be given effect to until further orders of this Court. The students who have already been admitted in pursuance of the arrangement which was operating during pendency of the writ petition in the High Court will not be disturbed on the basis of the impugned judgment until further orders of this Court." 3. The period for which the petitioners have sought for the relief in these cases are already over and in the meanwhile in pursuance of the admissions that had already been made, the students must have completed their course by now. So far as the other reliefs sought for in these petitions are concerned, they will have to be governed by the decision of this Court in T.M.A. Pai Foundation v. State of Karnataka, 2002(8) SCALE 1 and the Government will have to reexamine notwithstanding the judgment of the High Court and take appropriate steps in the matter in respect of future admissions as expeditiously as possible but not later than six weeks from today. The special leave petitions are disposed of accordingly.