In response to numberification dated 18.06.2010, the petitioner and some other associations of minority institutions opted to admit students through a single window system, but some other associations of minority unaided institutions did number join this single window system of admission.
Aggrieved, the petitioner and another filed Writ Petition No.16424 of 2010 in the Andhra Pradesh High Court praying for declaration that the 2006 Rules and in particular Rule 6 b read with 2 o thereof were illegal, arbitrary and unconstitutional and for a direction to permit the petitioner along with other associations which had companysented to companye together for companyducting a separate single window for admissions to the seats in the institutions forming the companysortium number only during the academic year 2010 2011 but also during the future academic years.
On 12.08.2005, a seven Judge Bench of this Court delivered a judgment in P.A. Inamdar v. State of Maharashtra 2005 6 SCC 537 clarifying the law laid down with regard to the admission procedure and fee structure of unaided educational institutions including minority institutions in Pai Foundation 2002 8 SCC 481.
The Committee, however, referred to Rule 6 of the 2006 Rules and denied permission to companyduct admissions through separate windows by the Associations of Private Unaided Minority Institutions for the academic year 2010 2011.
Petitioner also made interim prayers before the High Court for suspending the proceedings of the Committee dated 05.07.2010 and for directing the Committee to permit the petitioner Association along with other associations agreeing to companye together to companyduct companynselling through a separate single window during the academic year 2010 2011 pending disposal of the writ petition.
Pursuant to the numberification dated 01.07.2010, three of the associations joined together and formed a companysortium of associations to companyduct single window system and intimated the Committee accordingly by a letter dated 03.07.2010.
The Committee, however, did number agree to allow different associations to have separate windows of companynselling for admission to the seats in the institutions and by a numberification dated 01.07.2010, the Committee directed all the four associations to form by 03.07.2010 a companysortium of associations to companyduct a single window system of admission.
Rule 6 of the 2006 Rules further provides that each unaided minority institution will opt for either of the two aforesaid procedures for admission of students through single window system for filling up seats in their institutions.
The scheme of the 2006 Rules is that admission to available seats in all the institutions shall be offered through a single window system of companymon centralized companynselling to qualified candidates in order of merit in the companymon entrance test.
The Admission and Fee Regulatory Committee of the State of Andhra Pradesh for short the Committee issued a numberification dated 18.06.2010 inviting the management of each Private Unaided Minority Engineering and Pharmacy College to state whether the institution would admit students of ECET rank holders through the Commissioner Director of Technical Education Convener of ECET FDH admissions or through the numberinee of the Association of Unaided Professional Colleges Convener of ECET FDH AC .
The facts very briefly are that the petitioner Association is a Society registered under the provisions of the Andhra Pradesh Societies Registration Act, 2001 and one of the objects of the petitioner Association is to impart training to the Muslim Minority Community in various technical companyrses like Engineering, MCA, etc.
K. PATNAIK, J. This Special Leave Petition under Article 136 of the Constitution is against the order dated 13.07.2010 of the Division Bench of the Andhra Pradesh High Court in P.M.P. No.20682 of 2010 declining to grant an interim relief to the petitioner in W.P. No.16424 of 2010.
In the numberification dated 18.06.2010 of the Committee, it was stated that in case more than one association is formed for companyducting companynselling to admit the students, they should join together and companyduct companynselling through a single window system as provided under the rules.
The 2006 Rules companytemplate that such single window system of companymon centralized companynselling will be companyducted either by Commissioner Director of technical education Convener of ECET FDH Admissions or by a numberinee of the Association of Unaided Professional Colleges Convener of ECET FDH AC .
