Telangana High Court
Vivekananda Educational Society, vs Jawaharlal Nehru Technological ... on 26 June, 2024
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
PRADESH
WEDNESDAY, THE EIGHTH DAY OF APRIL,
TWO THOUSAND AND FIFTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE R.KANTHA RAO
WP .NO: 9753 of 2015
Between:
1 Vivekananda Educational Society,
Rep. by its Secretary, Mr.M.Srinivas Reddy, Plot No.260, B.N.Reddy
Nagar, Vanasthalipuram, Hyderabad.
2 Vivekananda Group of Institutions,
Rep. by its Secretary, Mr.M.Srinivas Reddy,
Batasingaram village, Hayathnagar Mandal, Ranga Reddy District.
3 M.Srinivas Reddy S/o Venkat Reddy,
Secretary, Vivekananda Group of Institutions, Batasingaram village,
Hayathnagar Mandal, Ranga Reddy District.
..... Petitioners
AND
Jawaharlal Nehru Technological University-H, Kukatplly, Hyderabad, rep. by its
Registrar.
.....Respondent
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a writ, order or direction, one more particularly in the nature of
writ of mandamus declaring the circulars dt.25.3.2015 and 27.3.2015 issued by
the respondent as arbitrary and illegal, offending Article 14 of the Constitution of
India constituting unreasonable restrictions on the fundamental right of the
petitioners to administer educational institutions, thus violating Article 19(6) of
the Constitution thereby offending Article 19(1)(g) and quash the same as such
with a consequential direction to the respondent not to interfere with the process
of recruitment and selection of faculty and submission of their details in the
manner provided in the impugned circulars dt. 25.3.2015 and 27.3.2015.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and upon hearing the arguments of Sri S. Sri Ram,
Advocate for the Petitioners and the learned Advocate General appearing for
the State of Telangana and also JNTU, the Court made the following
ORDER:
The circulars dated 25.3.2015 & 27.03.2015 are challenged in the writ petition.
I have heard the learned counsel appearing for the petitioners and the learned Advocate General appearing for the State of Telangana and also JNTU, and perused the impugned circulars and also the Judgment rendered by the constitution Bench in TMA PAI Foundation and others v. State of Karnataka and others reported in (2002) 8 SCC 481.
Having gone through the impugned circulars, I am of the prima facie view that the said circulars are not in the nature of regulatory measure but in the nature of interfering with the autonomy of the colleges.
Therefore, there shall be interim suspension of the impugned circular dt.27.03.2015 for a period of four weeks.
Post after two weeks along with WP No.9388 of 2015.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Registrar, Jawaharlal Nehru Technological University-H, Kukatplly, Hyderabad. (BY RPAD) 2 One CC to Sri S. Sri Ram, Advocate (OPUC) 3 Two CCs to the Advocate General (State of Telangana), High Court, Hyderabad. (OUT) 4 One spare copy.
nnr HIGH COURT RKR,J DATED: 08-4-2015 NOTE: Post after two weeks along with WP No.9388 of 2015 ORDER W.P.NO. 9753 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 09-04-2015 RKR,J DATED: 08-4-2015 NOTE: Post after two weeks along with WP No.9388 of 2015 ORDER W.P.NO. 9753 OF 2015 DIRECTION