Psb College Of Education vs The State Of Andhra Pradesh
2021 Latest Caselaw 1911 AP

(SHOW CAUSE NOTICE BEFORE ADMISSION) iy
.. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
THURSDAY, THE TWENTIETH DAY OF MAY, TWO THOUSAND AND TW
--- :PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION NO: 10304 OF 2021 _

   

Between:
PSB College Of Education, Prathipati Nilayam, Wood Nagar, Chirala, Prakasam District,
_ Andhra Pradesh State - 923 155 Rep by its Correspondent Marpu Gregory

_ 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 3rd, 4th and 5th floors, Atmakuru (vill) Mangalagiri (Mandal), Guntur District

3. '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 VITAY 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 issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 5th Respondent the Regional Director, Natiorial Council for Teachers' Education, New Delhi in withdrawing the recognition of the Petitioner Institution vide proceedings No. F. SRO _ /(NCTE/: APS07312/B.Ed,/{AP}/2021/121806, dated 23.12.2020 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' yéar 2020-21 for which 'schedule of spot'admission was released: giving the closing date as 30.05.2021 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/ APS07312/B.Ed,/{AP}/2021/ 121806, dated 23.12.2020, and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.

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, 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 Sth 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 10075,

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.

EA 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 5th Respondent vide proceedings No. F.SRO /NCTE/ APS07312/B.Ed/ {AP}/2021/ 121806, dated 23.12.2020, pending Writ Petition No. 10304 of 2021, on the file of the High Court.

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, but, till date no orders could be passed due to various | Feasons. 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 [.A. 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 sth respondents. The petitioner as well as the respondent authorities shall abundantly

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

subject to result of the writ petition.

' (2013) 2 SCC 617

e

wa

To,

MSR |

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

oot | SD/- T.MADHAVI ASSISTANT REGISTRAR

4d] 7 : f For assistafey 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), Guntur

HTRUE COPY// --

' 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 VITAY MATHUKUMILLI Advocate [OPUC]

Two CCs to GP FOR SCHOOL EDUCATION , High Court Of Andhra Pradesh. foun _ One spare copy

-HIGH COURT

CPKIJ

_ DATED:20/05/2021

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

NOTICE BEFORE ADMISSION

WP.NO.10304 OF 2021

DIRECTION Sn

we ety tysiot Fa po Oa ve -

ST Pee be Be