Sagar Degree College vs The State Of Ap
2021 Latest Caselaw 2235 AP

            IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

        HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                            &
                    HON'BLE MR. JUSTICE NINALA JAYASURYA

                            WRIT APPEAL No.333 of 2021
                              (Through Video-Conferencing)

Sagar Degree College, Amadalavalasa, Srikakulam District,
integral part of/sponsored by Sagar Educational Society,
represented by its Correspondent-cum-Principal Velamala Shanmuka Rao,

Amadalavalasa, Srikakulam District. ... Appellant Versus

The State Of Andhra Pradesh, represented by its Principal Secretary for Higher Education, Secretariat, Velagapudi, Amaravathi, Guntur District, and others ... Respondents

Counsel for the appellant : Mr. K.S.Gopala Krishnan

Counsel for respondent No.1 : G.P. for Education

Counsel for respondent No.2 : Ms.S.Parineeta

Counsel for respondent No.3 : ---

ORAL JUDGMENT

Dt:01.07.2021 (Arup Kumar Goswami, CJ)

Heard Mr.K.S.Gopala Krishnan, learned counsel for the appellant/writ petitioner.

Also heard Mr.K.V.Raghuveer, learned Government Pleader for Education, for

respondent No.1 and Ms.S.Parineetha, learned counsel for respondent No.2.

This appeal is presented against the order dated 04.03.2021 passed by the

learned single Judge in I.A.No.1 of 2021 in W.P.No.2058 of 2021.

I.A.No.1 of 2021 in W.P.No.2058 of 2021 is an application praying for a direction

to respondent No.3 in the writ petition to permit the writ petitioner-college to join the

web option for online admission of students in the writ petitioner's degree college for the

academic year 2020-2021, pending disposal of the writ petition.

The learned single Judge observed that affiliation from the University is a must

and as affiliation was rejected by respondent No.3 for the academic year

2020-2021 vide order dated 18.01.2021, interim direction as prayed for by the writ

petitioner, could not be granted.

HCJ & NJS,J

Mr.K.S.Gopaka Krishnan, learned counsel for the appellant/writ petitioner, submits

that in the writ petition, a specific ground was taken that respondent No.3, namely, the

Registrar, Dr.B.R.Ambedkar University, does not have power to withhold or issue a

show-cause notice of cancellation of affiliation or refuse to grant affiliation without a

decision being taken by the executive committee through the Vice-Chancellor of the

University as per Section 8 of the Andhra Pradesh Universities Act, 1991. That being the

position, it is contended by him that finding recorded by the learned single Judge while

disposing the interlocutory application that the Registrar being an officer of the

University is entitled to issue the impugned order was not called for, as the issue was

pre-judged leaving nothing for consideration in the writ petition. It is, in that context,

he submits that this appeal may be disposed of with a direction to the learned single

Judge to hear the matter at an early date and the finding that the Registrar being an

officer of the University is entitled to issue the impugned order, may be set aside.

By the order under challenge, the learned single Judge had also directed the writ

petition to be posted for counter-affidavit of respondent No.2.

We are of the considered opinion that in an interlocutory application, when the

matter is yet to be heard finally, a definitive finding in respect of a question posed by the

writ petitioner in the writ petition may not have been recorded.

Considering the matter in its entirety, we dispose of this writ appeal remanding

the matter back to the learned single Judge for disposal of the writ petition at an early

date as the matter relates to admission to an educational institution, without being

influenced by the finding so recorded in the order dated 04.03.2021 that the Registrar is

entitled to issue the impugned order. We, however, hasten to add that we have

expressed no opinion on that aspect. No order as to costs. Pending miscellaneous

applications, if any, shall stand closed.

Registry to list the writ petition before the learned single Judge having roster, on

15.07.2021.

ARUP KUMAR GOSWAMI, CJ                                         NINALA JAYASURYA, J
MRR