(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) . THURSDAY, THE TWENTIETH DAY OF MAY, TWO THOUSAND AND TWENT :PRESENT: © THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION NO: 10307 OF 2021 Y ONE Between: oO Prathibha College Of Education, Sy No.153, 'Soharapuram, kurnool District, Andhra Pradesh STate-518002 Rep by its Correspondent Mamiduri Venkata Sai Praneeth Reddy
Petitioner
- AND .
1. State Of Andhra Pradesh, rep by its Special Chief Secretary, Higher Education Department, Secretariat, Tullur, Velagapudi, Gutnru Distirct.
2. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Secretary, 3rd, 4th and Sth Floors, Atmakuru (vill) Mangalagiri (mandal), Gutnru Disitrict.
3. The Andhra Pradesh State Council for Higher Education, Governemnt of Andhra Pradesh rep by its Convenir - Edcet 3rd, 4th and 5th floors, Atmakur (vill), Mangalagiri, Guntur Distirict. ' 4, The Member- Secretary, National Council for Teachers Education, G-7, Sector 10, Dwaraka New DElhi-110075
5. The Regional Director,, National Council for Teachers Education, G-7, Sector-10, Dwaraka, New Dellhi-110075
6. Rayalaseema University, Rep by its Registrar, Kurnool District, Andhra Pradesh-518001 Respondents WHEREAS the Petitioner above named through its Advocate SRI VIIAY MATHUKUMILLI presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 5th Respondent the Regional Director, National Council for Teachers Education, New Delhi in withdrawing the recognition of the Petitioner Institution vide proceedings No. F.SRO/NCTE/ APS09749 /B.Ed,/{AP}/2021/ 122776, dated 08.01.2021 purported to have been issued under clause 17 (1) of NCTE-1993 Regulations making certain observations and on certain hyper-technical and trivial grounds, disabling the Petitioner Institution to make admissions for the academic year 2020-21 for which schedule of spot admission was released giving the closing date as 30.05.2021 which starts from 10-05-2021 as being arbitrary, illegal and violative of Articles 14, 19 and 300-A of the Constitution of India and violative of the Andhra Pradesh Education Act much less Section 21 of the said Act and in contravention of the norms of University Grants Commission . and consequently direct the 2nd and 3rd Respondents to include the name of the Petitioner institution in the spot admissions scheduled from 10-05- 2020 to 30-05-2021 without reference to the orders of the withdrawal of the affiliation by the 5th Respondent vide proceedings No. F.SRO /NCTE/ APS09749 /B.Ed,/ {AP}/2021 / 122776, dated 08.01.2021, and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. , AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri SRI VUAY MATHUKUMILLI Advocate for the Petitioner, Ms. Lakshmi Priyenvitha, Advocate for Sri K.Ramakanth Reddy, learned counsel for Respondents 4 & 5, Ms. S.Parineeta, Advocate for Respondents 2 & 3, and Sri S.Appadhara Reddy, Advocate for Respondent No.6, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Special Chief Secretary, Higher Education Department, State Of Andhra Pradesh, Secretariat, Tullur, Velagapudi, Gutnru Distirct.
2. The Secretary, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh 3rd, 4th and 5th Floors, Atmakuru (Vill) Mangalagiri (Mandal), Gutnru Disitrict.
3. The Convenir - Edcet, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh 3rd, 4th and Sth floors, Atmakur (vill), Mangalagiri, Guntur District.
4. The Member- Secretary, National Council for Teachers Education, G-7, SEctor010, Dwaraka New Delhi-110075
5. The Regional Director, National Council for Teachers Education, G-7, Sector-10, Dwaraka, New Dellhi- 110075
6. The Registrar, Rayalaseema University, Kurnool District, Andhra Pradesh-518001 are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2" and 3 Respondents to include the name of the Petitioner institution in the spot admissions scheduled from 10-05-2020 ~ to 30-05-2021 without reference to the orders of the withdrawal of the affiliation by the 5th Respondent vide proceedings No. F.SRO/NCTE/APS09749/B.Ed,/{AP}/2021/122776, dated 08.01.2021, pending Writ Petition No. 10307 of 2021, on the file of the High Court, in the interest of justice.
The Court made the following: ORDER "Notice before admission.
Heard Sri M. Srivijay, learned counsel for the petitioner, and also Ms. Lakshmi Priyanvitha, learned counsel, for Sri K. Ramakantha Reddy, learned Standing Counsel for National Council for Teachers' Education, appearing for Respondent Nos.4 & 5. Also heard Ms. S. Parineeta, learned Counsel for Respondent Nos.2 & 3 and Sri S. Appadhara Reddy, learned standing counsel for the Respondent No.6 -- University.
As seen from the record, the order of recognition to the petitioner-college was challenged before the National Council for Teachers' Education by way of filing appeal in the month of February, 2021, but, till date no orders could be passed due to various reasons. Counsel appearing for the Respondent Nos. 4 and 5 submits that the Writ Petition is not maintainable in view of the judgment of the Supreme Court in Maa Vaishno Devi Mahila Mahavidyalaya vs. State of U.P. and Ors.'. But, the counsel for the respondents submits that having regard to the conditions prevailing in the country, authorities are not able to convene a meeting for disposal of the appeal.
In similar circumstances in I.A. No.1 of 2021 in W.P.(SR) No.14662 of 2021, dated 09.05.2021, this Court directed the respondents to permit the petitioner to participate in the EDCET-2020 counseling without reference to the orders of withdrawal of recognition issued by the 5" respondent therein and with a condition that it shall be made clear to the students that their admissions would be subject to the result of the writ petition.
Since the case on hand is identical to the case referred to above, there shall be a direction to the respondents to permit the petitioner-college to participate in EDCET-2020 'counseling without reference to the orders of withdrawal of recognition issued by the 4"
' (2013) 2 SCC 617 se and 5" respondents. The petitioner as well as the respondent authorities shall abundantly make it clear to the participant students in the counseling that their admission would be subject to result of the writ petition.
Post along with W.P.No.9954 of 2021."
SD/- M.SURYANADHA REDDY ASSISTANT REGISTRAR //TRUE COPY// ' For ASSISTANT REGISTRA To,
1. The Special Chief Secretary, Higher Education Department, State Of Andhra Pradesh, Secretariat, Tullur, Velagapudi, Gutnru Distirct.
2. The Secretary, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh 3rd, 4th and Sth Floors, Atmakuru (vill) Mangalagiri (mandal), Gutnru Disitrict.
3. The Convenir - Edcet, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh 3rd, 4th and Sth floors, Atmakur (vill), Mangalagiri, Guntur District.
4. The Member- Secretary, National Council for Teachers Education, G-7, Sector 10, Dwaraka New Delhi-110075 ,
5. The Regional Director, National Council for Teachers Education, G-7, Sector-10, Dwaraka, New Dellhi-110075
6. The Registrar, Rayalaseema University, Kurnool District, Andhra Pradesh-518001 ' > (Addressee Nos. 1 to 6 by RPAD- along with a copy of petition and memorandum of grounds) ~ 7 One CC to Sri Sri Vijay Mathukumilli Advocate [OPUC] 8 One CC to Sri K. Ramakanth Reddy, Advocate fOPUC] _9. 'One CC to Ms. Parineetha, Advocate [OPUC]
10. One CC to Sri S.Appadhara Reddy, Advocate [OPUC]
11. Two CCs to GP for Higher Education, High Court Of A.P. [OUT]
12. One spare copy .
MSR . HIGH COURT CPKJ DATED:20/05/2021 NOTE : POST ALONG WITH W.P.NO.9954 OF 2021 NOTICE BEFORE ADMISSION WP.NO.10307 OF 2021 DIRECTION 3 2BMN 20 | Ne ath "PB omatoue