IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.36972 of 2014 BETWEEN Holy Mary Institute of Technology & Science.
AND ... PETITIONER State of Telangana, Rep. by its Prl. Secretary, Department of Technical Education, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MR. S. SRIRAM Counsel for the Respondents: GP FOR EDUCATION (TG) The Court made the following:
ORDER:
Petitioner institution questions the proceedings of the Convener/second respondent dated 15.11.2014 whereunder the admission of students made under lateral entry category, by the petitioner institution, was not approved to the extent of 90 students only on the ground that they belong to other States.
2. The aforesaid issue is considered by this Court today in WP.No.36866 of 2014 and the said writ petition is already disposed of as covered by the earlier orders of this Court in WP.No.24581 of 2009 and batch dated 20.11.2009 including the latest order of this court in W.P.No.32797 of 2014, dated 31.10.2014. Therefore, there shall be similar directions in this writ petition as under:
“3. The issue involved is no more res integra in view of the decision of this court in W.P.No.24581 of 2009 and batch, dated 20.11.2009, including the latest order of this court in W.P.No.32797 of 2014, dated 31.10.2014.
4. Hence, there shall be a like order in this writ petition also, which is as under:
“The impugned proceedings so far as they relate to rejection of candidature of students admitted by the petitioner respectively only on the ground that they belong to other States shall stand set aside subject to the condition that the admitted students are eligible for admission and qualified for that. The Convenor shall, therefore, re-examine the matter and pass appropriate orders expeditiously preferably within two weeks from the date of receipt of a copy of this order, in the light of the directions of this Court, referred to above.”
Accordingly, the writ petition is allowed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 3, 2014 DSK