Citation : 2021 Latest Caselaw 1823 AP
Judgement Date : 15 April, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.8008 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"Writ of Mandamus declaring the action of the 2nd 4th and 5th respondents in
permitting only 50 students intake for the B Ed Course in 1st petitioner college for the academic year 20202021 during counseling for the prospective students instead of 100 intake granted by the 2nd and 3rd respondents and not taking any corrective measures to rectify the allocation error and not considering the representations of the petitioners including the representations dated 23.11.2019 04.12.2019 and 01.03.2021 as arbitrary illegal unconstitutional and violative of principles of natural justice and consequently direct the respondents 2 4 5 and 6 to consider the intake of the 1st petitioner college as 100 students as per the NCTE order and inspection committee report and as per the data uploaded by the 1st petitioner college and to pass such other order or orders as may be deemed fit and proper in the facts and circumstances of the case and to pass."
Though the petitioners made several allegations against the
respondents, during hearing, learned counsel for the petitioners
limited his request to dispose of the representations made by the
petitioners on 23.11.2019, 04.12.2019 and on 01.03.2021
respectively, without touching the merits of the case.
Learned Government Pleader for School Education appearing
for respondents readily agreed to dispose of the above said
representations submitted by the petitioners, if any, pending with
the respondent-authorities.
In view of the submission of the learned Government Pleader
for School Education, I need not decide the truth or otherwise of
the allegations made in the petition. This Court is conscious that
no such direction be issued, in view of the judgment of the Apex
Court in "The Government of India v. P.Venkatesh1", wherein
the Apex Court held that such orders may make for a quick or
2019 (8) SCALE 544
easy disposal of cases in overburdened adjudicatory institutions.
But, they do not service to the cause of justice. As the learned
counsel for the petitioners himself requested to issue a direction to
dispose of the representations submitted by the petitioners, I find
no other alternative, except to issue such direction.
In the result, the Writ Petition is disposed of, directing the
respondent authorities to dispose of the representations submitted
by the petitioners on 23.11.2019, 04.12.2019 and on 01.03.2021,
in accordance with law, within four (04) weeks from the date of
receipt of a copy of this order. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_______________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 15.04.2021 Note:
Issue C.C. tomorrow B/o GR
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.5896 OF 2021
Date: 16.03.2021
IS
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