Andhra Pradesh High Court - Amravati

Kalikamba College Of Education vs The State Of Andhra Pradesh on 20 May, 2021

(SHOW CAUSE NOTICE BEFORE ADMISSION) =
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 'Ss
(Special Original Jurisdiction) a

THURSDAY, THE TWENTIETH DAY OF MAY TWO THOUSAND AND TWENTY ONES

:PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

WRIT PETITION NO: 10345 OF 2021
Between:

Kalikamba College of Education, Kothapet, Chirala, Prakasam District Andhra Pradesh
State - 523157 Rep by its Secretary and Correspondent Dasari Kishore Kumar

Petitioner AND

1. The State of Andhra Pradesh, rep by its Special Chief Secretary, Higher Education 'Department Secretariat, Tullur, Velagapudi, Guntur District.

2. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Secretary 3%, 4™ & 5" floors, Atmakur (V), Mangalagiri (Mandal), Guntur

istrict

3. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Convenor -Edcet 3rd, 4th and Sth floors, Atmakuru (vil) Mangalagiri (Mandal), 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 Delhi-110075.

Respondents

WHEREAS the Petitioner above named through its Advocate SRI VIJAY 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/APS00299/B.Ed,/{AP}/2020/121999, dated 29.12.2020 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 17.05.2021 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 17-05-2021 without reference to the orders of the withdrawal of the affiliation by the 5th Respondent vide proceedings No. F.SRO/NCTE/APS00299/B.Ed,/{AP}/2020/121999, dated 29.12.2020.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri SRI VJAY MATHUKUMILLI Advocate for the Petitioner, Ms. Lakshmi Priyanvitha, Advocate, representing Sri K.Ramakanth Reddy, Counsel for Respondents 4 & 5 and Ms. S.Parineetha, Advocate for Respondents No. 2 & 3, 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, Guntur District.

2. The Secretary, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, 3", 4" & 5™ floors, Atmakur (V), Mangalagiri (Mandal), Guntur District

3. The Convenor --Edcet, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, 3rd, 4th and 5th floors, Atmakuru (vil) Mangalagiri (Mandal), 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 Delhi-110075.

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.

TA 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 2nd and 3rd respondents to include the name of the petitioner institution in the spot admissions scheduled form 10-05-2020 to 17-05-2021 without reference to the orders of the withdrawal of the affiliation by the 5th respondent vide proceedings No.F.SRO/NCTE/APS00299/B.Ed/{AP}/2020/121999, dated 29-12-2020 pending writ petition No. 10345 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.

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, and National Council for Teachers' Education by its order dated 26.03.2021 remanded the matter back to SRC. It is further submitted that having regard to the conditions prevailing in the country SRC is not able to take up the matter. 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 ys. State of U.P. and Ors.'

In similar circumstances in LA. 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" and 5"

respondents. The petitioner as well as the respondent authorities shall abundantly make it clear

' (2013) 2 SCC 617

a Los

'»

to the participant students in the counseling that their admission would be subject to result of the

writ petition.

To,

0 90 NID

Post along with W.P.No.9954 of 2021."

SD/- M.SURYANADHA REDDY ASSISTANT REGISTRAR

HTRUE COPY// or 3 Loo For ASSISTANT REGISTRAR

The Special Chief Secretary, Higher Education Department, State of Andhra Pradesh, Secretariat, Tullur, Velagapudi, Guntur District.

The Secretary, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, 3, , 4" & 5" floors, Atmakur (V), Mangalagiri (Mandal), Guntur District ; .

The Convenor --Edcet, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, 3rd, 4th and 5th floors, Atmakuru (vil) Mangalagiri (Mandal), Guntur District

The Member-Secretary, National Council for Teachers' Education G-7, Sector 10, Dwaraka New Delhi-110075

The Regional Director, National Council for Teachers' Education G-7, Sector 10, Dwaraka New Delhi-110075.

(Addressee Nos. | to 5 by RPAD- along with a copy of petition and memorandum of grounds)

One CC to Sri SriVijay Mathukumilli, Advocate [OPUC]

Two CCs to GP For Higher Education, High Court Of A.P. [OUT]

One CC to Sri K.Ramakanth Reddy, Advocate (OPUC)

One CC to Ms. Parineetha, Advocate (OPUC)

10. One spare copy

MSR

"HIGH COURT

CPKJ

DATED:20/05/2021