Andhra Pradesh High Court - Amravati

Sri Lakshmi Venkateswara College ... vs The State Of Andhra Pradesh on 20 May, 2021

   
  
  

(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
THURSDAY ,THE TWENTIETH DAY OF MAY TWO THOUSAND AND Ew
| ' :PRESENT: ;

~ THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

: WRIT PETITION NO: 10308 OF 2021

 

Between:

Sri Lakshmi Venkateswara College of Education, Byreddy Nagar, Stantanpuram,
Kuntool District Andhra Pradesh State Rep by its Correspondent K. Thitupathaiah

; Petitioner AND:

I, 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 3rd, 4th and Sth floors, Atmakuru (vill) Mangalagiri (Mandal), -- Guntur District The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Convenor -Edcet 3rd, 4th and Sth floors, Atmakuru (vill) 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 VUAY MATHUKUMILLII 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 Teachers, Education, New Delhi in withdrawing the recognition the petitioner Institution vide proceedings No. F.SRO/NCTE/APS08167/B.Ed,/.{AP}/2021/ 122740-2745, 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 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 30-05-2021 without reference to the orders of the withdrawal of the affiliation by the 5th Respondent vide proceedings No. F.SRO/NCTE/APS08167/B.Ed,/{AP }/2021/122740-2745, dated 08.01.2021.

AND WHEREAS the High Court upon perusing the petition and affidavit filed - herein and upon hearing the arguments of Sri SRI VAY MATHUKUMILLI Advocate for the

Petitioner, 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, 3rd, 4th and 5th floors, Atmakuru (vill) 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 (vill) 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-1 i 0075.

are directed to show cause as to why in the circumstances et 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 from 10-05-2020

to 30-05-2021 without reference to the orders of the withdrawal of the affiliation by the Sth ' Respondent vide proceedings No. F.SRO/N CTE/APS08167/B.Ed,/{AP}/2021 / 122740-2745,

_ dated 08.01.2021, pending Writ Petition No. 10308 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 January, 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 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 5m 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

' (2013) 2 SCC 617

make it clear to the participant students in the counseling that their admission would be

subject to result of the writ petition: .

To,

OND

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

SD/- T.MADHAVI ASSISTANT REGISTRAR /TRUE COPY//

For scsistaitn 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, 3rd, 4th and Sth floors, Atmakuru (vill) Mangalagiri (Mandal), Guatur District -

_ The Convenor --Edcet, Andhra Pradesh State Council for Higher Education, Government

of Andhra Pradesh, 3rd, 4th and Sth floors, Atmakuru (vill) 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. 1 to 5 by RPAD- along with a copy of petition and memorandum of grounds) One CC to SRI. SRI VUAY MATHUKUMILLI Advocate [OPUC] , Two CCs to GP FOR SCHOOL EDUCATION High Court Of Andhra Pradesh. [OUT] One Cc to Sri K.Ramakantha Reddy, Standing Counsel for National Counsel for Teahers.

One CC to Ms. S.Parinetha, Advocate (OPUC)

10. One spare copy

MSR

: DIRECTION

HIGH COURT CPKJ

DATED:20/05/2021

NOTE : POST ALONG WITH W.P.NO.9954 OF 2021

NOTICE BEFORE ADMISSION

WP.NO.10308 OF 2021

: é tay te ath.

eS SPATE