Andhra Pradesh - Others   

Quota rule: apex court asks petitioner to move High Court

J. Venkatesan

Supreme Court declines to entertain Dar-Us-Salam Educational Trust's plea

NEW DELHI: The Supreme Court on Friday declined to entertain a petition filed by Dar-Us-Salam Educational Trust, Hyderabad, by its trustee Akbaruddin Owaisi, assailing two orders issued by the Andhra Pradesh Government fixing quotas and regulating admissions to undergraduate courses in engineering, pharmacy, MBA and MCA in unaided educational institutions.

A Bench of Justice K.G. Balakrishnan and Justice D.K. Jain before whom this petition came up for admission told senior counsel Rohinton Nariman that being State Government orders it would be better for the petitioner to approach the High Court.

Mr. Nariman, however, said the Supreme Court itself should hear the matter and stay the provision relating to minorities.

When the Bench said it would dismiss the petition, Mr. Nariman said that he would withdraw the petitions and move the High Court concerned for relief. The Bench permitted the petitioner to withdraw the petition and asked the Andhra Pradesh High Court to dispose of the petition (once it is filed) as expeditiously as possible.

The petitioner said G.O.Ms. No. 54 was issued on May 10 prescribing regulations of admission to undergraduate courses namely engineering and pharmacy.

Another G.O.Ms. No. 59 was notified on May 26 for admission to MBA and MCA courses run by private unaided educational institutions.

The trust said that both G.O.s prescribed that 80 per cent seats would be filled by Government agency following single-window system.

It said that one of the trustees, a member of Parliament, represented to the Chief Minister that the G.Os took away the right of the minority trust to admit students and sought permission to admit students from among the candidates declared successful by the Government, but the Government should not impose students upon the petitioner. But the request was rejected.

Hence, the present petition to quash the G.O.s and an interim stay of their operation.

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