Samavesam Of Telugu Baptist ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 1071 AP

         HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

                          W.P.No.22080 of 2021

ORDER:

Petitioners challenge the G.O.Rt.No.139, dated 01.09.2021 issued

by the 2nd respondent and consequential proceedings inRc.No.64

/Admn.III-B/2021, dated 08.09.2021 issued by the 2nd respondent as

violative of principles of natural justice as illegal, and for a consequential

direction to respondents to restore the grant-in-aid posts, both teaching

and non-teaching of ABM Degree College, Ongole.

2. The 1st petitioner is Samavesam of Telugu Baptist Churches (for

short 'STBC'), Rep. by its General Secretary Rev. J. M. Franklin; 2nd

petitioner is Board of Education and 3rd petitioner is the Correspondent of

ABM Degree College, Ongole. Their case is that STBC is a registered

society established in 1963 and it has been managing various educational

institutions in Andhra Pradesh and Telangana. There are about 42

educational institutions under the management of STBC.

(a) One Chilaka David Prakash Rao claiming as Additional General

Secretary of STBC filed W.P.No.1993 of 1993 on the file of High Court

of Andhra Pradesh to consider the nominations made by him for

correspondent ship of various educational institutions run by STBC and

the said writ petition was disposed on 17.04.1993 with a direction to

authorities to consider his representation. Thereupon the STBC society

represented by its General Secretary filed Writ Appeal No.61 of 1994

seeking leave of the High Court to question the order dated 17.04.1993

contending thus that Chilaka David Prakash Rao had no locus standi to

file the writ petition representing the society because O.S.No.118 of 1991

on the file of Senior Civil Judge, Nellore was pending against him

wherein interim injunction was also issued against him. The said suit was

filed for declaration that Chilaka David Prakash Rao and his henchmen

were not duly elected office bearers of the STBC and for injunction

restraining them from interfering with the affairs of the STBC. The said

Chilaka David Prakash Rao and others filed O.S.No.87 of 1991 on the file

of Court of Senior Civil Judge, Markapur against the management of the

STBC. In W.P.No.1993 of 1993 the said Chilaka David Prakash Rao

suppressed the pendency of the above suits. Therefore, the High Court of

Andhra Pradesh in its order dated 24.01.1994 allowed the Writ Appeal

No.61 of 1994 by quashing the orders in W.P.No.1993 of 1993. It was

also directed that both the suits should be tried together. Accordingly, the

O.S.No.87 of 1991 filed by Chilaka David Prakash Rao was transferred to

the Court of Senior Civil Judge, Nellore and tried along with O.S.No.118

of 1991. The said suit was registered and re-numbered as O.S.No.40 of

1994. By common judgment dt: 06.07.1999 O.S.No.118 of 1991 filed by

STBC was decreed holding that Chilaka David Prakash Rao and others

were not duly elected office bearers of STBC whereas O.S.No.40 of 1994

filed by Chilaka David Prakash Rao was dismissed.

(b). Aggrieved, Chilaka David Prakash Rao filed A.S.No.55 of

1999 and A.S.No.87 of 1999 on the file of Court of III Additional District

Judge, Nellore questioning the common judgment dt: 06.07.1999 in the

above suits and both appeals were dismissed.

(c) While so, the Government have issued G.O.Rt.No.627, dt:

03.09.2001 for approving the correspondents nominated by C.D. Prakash

Rao on the ground that A.S.No.55 of 1999 filed by him was pending

before the District Court. Basing on the said G.O. consequential

proceedings were issued for approving the correspondentship of various

educational institutions being run by STBC.

(d) Questioning the G.O.Rt.No.627 and consequential proceedings,

STBC filed W.P.No.1324 of 2002, W.P.No.1994 of 2004 and

W.P.No.2000 of 2004 and this Court was pleased to suspend the

consequential proceedings issued by the 2nd respondent. However,

Special Officers were appointed to manage the educational institutions. It

is submitted that the 4th respondent herein was one of such Special

Officers appointed for ABM Degree College, Ongole, which is an aided

college and one of the institutions, under the management of STBC.

Ultimately, the above writ petitions were disposed of by the High Court of

Andhra Pradesh on 07.09.2017 holding that G.O.Rt.No.627 was no longer

valid and consequential orders were set aside since the two appeal i.e.,

A.S.No.55 of 1999 and A.S.No.87 of 1999 filed by Chilaka David

Prakash Rao were dismissed on 28.04.2006 itself. Further, by virtue of

the orders in Writ Appeal No.61 of 1991, the Special Officers appointed

to various educational institutions ceased. As such as per the orders in

W.P.No.12324 of 2002 and batch one Mr. G.D.D. Diwakar was appointed

as correspondent of 4 junior colleges pursuant to the decree in O.S.No.118

of 1991 was confirmed in appeal.

(e) While so as far as ABM Degree college is concerned, the

management has been sending the names to the authorities for approval of

the correspondents nominated by the management of the STBC and so far

no action has been taken by the authorities. Recently in July, 2021 a

request was sent to the educational authorities to approve the name of the

3rd petitioner namely K. Ravi Kumar as correspondent of ABM Degree

College, Ongole and the same is pending consideration. It is submitted

that K. Ravi Kumar is the Secretary of Board of Education of STBC.

(f) While the matter thus pending, the Government have issued

G.O.Rt.No.52, dt: 06.04.2021 for taking over private educational

institutions who voluntarily expressed their willingness for taking over

their management and withdrawal of grant-in-aid posts. The petitioner

through its letter dated 30.04.2021 addressed to the 2nd respondent

expressed its unwillingness to handover the staff and property of the

institutions. The said letter specifically referred to ABM Degree College,

Ongole and STBC College, Kurnool. A similar letter addressed to the

Commissioner of Intermediate Education and Commissioner of School

Education expressing the unwillingness of the petitioner to handover its

educational institutions. While so, G.O.Ms.No.42 dt: 10.08.2021 was

issued by the Government for taking over the management, staff and also

assets of the private aided institutions who are willing to handover the

same. Pursuant thereto Government issued G.O.Rt.No.139, dated

01.09.2021 for absorption of aided staff both teaching and non-teaching of

ABM Degree College, Ongole on the ground that the management has

submitted its willingness and Government also issued consequential

proceedings in Rc.No.64/Admn.III-B/2021, dt: 08.09.2021 for surrender

of teaching and non-teaching staff of ABM Degree College, Ongole.

(g) As can be seen from the above proceedings, it appears that the

proposal was submitted by the 2nd respondent namely Commissioner of

Collegiate Education, Vijayawada for absorption of existing staff

(teaching and non-teaching staff) of ABM Degree College, Ongole on the

ground that the management of the said institution expressed its

willingness voluntarily to surrender the aided teaching and non-teaching

staff and that the Government accepted the proposal of the management

of the institution to surrender their grant-in-aid posts. However, the

management of STBC which is managing the ABM Degree College,

Ongole has already expressed its unwillingness to surrender the posts and

assets of its educational institutions on 30.04.2021 itself and the question

of surrendering the aided posts did not arise. In spite of the same, the

G.O.Rt.No.139, dt: 01.09.2021 was issued stating that the management

has accepted the surrender which is not true. It is learnt that the 4th

respondent herein acting as Special Officer of ABM Degree College,

Ongole submitted proposal for surrender of aided posts and staff pursuant

to which G.O.Rt.No.139, dt: 01.09.2021 and consequential proceedings

were issued. Those proceedings are illegal and untenable in view of the

fact that the petitioner society has already expressed its unwillingness on

30.04.2021 when G.O.Rt.No.52, dt: 06.04.2021 issued by the

Government. Further, by virtue of the common order dated 07.09.2017 in

W.P.No.12324/2002 and batch, the 4th respondent ceased to be the Special

Officer and he has no power to surrender any posts on behalf of the STBC

management or give any proposal for surrender.

(h) The respondents have kept the premises of the ABM Degree

College, Ongole under lock and key and there is no justification for the

same as the premises does not belong to the Government. Hence the writ

petition.

3. Learned Government Pleader for Education representing the

respondents 1 to 4 did not file counter. However, he has placed on record

the instructions in Rc.No.86/Admn.III(B-1)/2021 dated 06.10.2021 and

argued the matter.

4. Heard arguments of learned counsel for petitioners Sri Aravala

Sreenivasa Rao, and learned Government Pleader for Education

representing the respondents 1 to 4.

5. While severely fulminating the proceedings in G.O.Rt.No.139,

Higher Education (CE.A2) Department, dated 01.09.2021 issued by 1st

respondent and consequential proceedings in Rc.No.64/Admn.III-B/2021,

dated 08.09.2021 issued by 2nd respondent, learned counsel for petitioners

vehemently argued that the subject college i.e., ABM Degree College,

Ongole is an institution owned and administered by the STBC and it is

represented by General Secretary Rev. J.M.Franklin. While so, one C.D.

Prakash Rao, his brother Chilaka Solomon Raju who have nothing to do

with the administration of the educational institutions of the STBC,

claimed as additional General Secretaries of STBC and tried to interfere

with the STBC administration, more particularly, administration of

educational institutions owned by the STBC both in Telangana and

Andhra Pradesh and in fact, there are number of civil and writ litigations

filed between them and ultimately in the common judgment in

O.S.No.118/1991 and O.S.No.40/1994 on the file of the Principal Senior

Civil Judge, Nellore, it was held that both of them were not duly elected

members of the STBC and the said judgment was also confirmed in

A.S.No.55/1999 and A.S.No.87/1999 by the Additional District Judge,

Nellore. He further argued, during the pendency of the appeals, both the

brothers have submitted list of their men to be appointed as

correspondents of different educational institutions and in that context, the

Government of A.P. issued G.O.Rt.No.627 dated 03.09.2001 for

approving the correspondents nominated by C.D. Prakash Rao. However,

the STBC filed batch of writ petitions in W.P.No.1324/2002,

W.P.No.1994/2004 and W.P.No.2000/2004 wherein the orders of the

competent authority were suspended pending writ petitions and ultimately

writ petitions were allowed by the Division Bench of the common High

Court of A.P. and the G.O.Rt.No.627 was set aside. Hence, C.D.Prakash

Rao and Solomon Raju have no right to represent the institutions and the

correspondents appointed at their request were also not entitled to

function. It is further argued that while interse disputes were pending so,

the Government have issued G.O.Rt.No.52, Higher Education (CE.A2)

Department, dated 06.04.2021 and G.O.Ms.No.42, Higher Education

(C.E.) Department, dated 10.08.2021 contemplating to take over the

willing private aided degree colleges. In that context, the petitioner

institution addressed letter dated 30.04.2021 to 2nd respondent clearly

stating its unwillingness to handover the staff and property of the ABM

Degree College, Ongole and STBC college, Kurnool and in spite of the

same, the Go.Rt.No.139 dated 01.09.2021 was issued by the 1st

respondent stating as if the 2nd respondent vide his letter dated 16.08.2021

has submitted proposal for absorption of the existing aided staff (both

teaching and non-teaching) of ABM College, Ongole, Prakasam District

mentioning therein that the management of the said institution was willing

to surrender voluntarily, not the other assets, but all of their duly

sanctioned aided posts along with the existing aided teaching and non-

teaching staff working in the institution to the Government and further, as

if the aided staff of the said institution have also given their consent in

writing for absorption into the Government. Basing on the said letter, the

Government accepted the request of the management and issued

G.O.Rt.No.139, wherein it directed the 2nd respondent to absorb the aided

staff of the institution into the Government educational institutions

through a transparent Web Counseling process. The 2nd respondent was

directed to take further necessary action to complete the process of

takeover of all the duly sanctioned aided posts of ABM college, Ongole,

Prakasam District admitted into grant-in-aid till date and to absorb the

existing aided staff of the institution into the Government educational

institutions subject to Special Service Rules. Learned counsel argued that

when the STBC has addressed letter way back on 30.04.2021 itself

expressing its unwillingness to handover the staff and property of its

institutions, particularly ABM Degree college, Ongole, it is quite

preposterous on the part of 2nd respondent to address letter to the

Government as if the management was willing to surrender the sanctioned

aided posts along with existing aided teaching and non-teaching staff

working in the institution to the Government. Other than the petitioner

representing STBC, if any other persons such as Prakash Rao or Solomon

Raju or their nominees expressed their willingness to surrender the

institution, that cannot be taken as a valid willingness by 2nd respondent in

view of the previous Court orders.

6. Per contra, learned Government Pleader for Education, referring to

instructions, would submit that admittedly there are interse disputes

between the petitioner and some others in respect of the correspondent

ship of the educational institutions run by the STBC and in fact, Ch.

Solomon Raju filed W.P.No.15429/2020 seeking to declare the action of

the respondents 2 & 3 therein in not considering his representation dated

03.08.2020 submitted to appoint him as correspondent to the ABM

Degree College, Ongole as illegal and for a consequential direction and

the said writ petition is pending.

7. Learned Government Pleader further argued that in view of the

interse disputes between the various groups, in the interest of the

educational institutions, on the letter of 2nd respondent dated 16.08.2021

stating that willingness was obtained from the existing correspondent, the

proceedings in G.O.Rt.No.139 was issued and the school was also

directed to be kept under lock and key.

8. Heard.

9. The point for consideration is whether there are merits in the writ

petition to allow?

10. Point: Admittedly, the ABM Degree College, Ongole is run by

STBC. It is a further admitted fact that the STBC owns and administers

different other educational institutions in the State of A.P. and Telangana.

Be that it may, as can be seen from the material papers filed along with

writ petition, number of civil and writ litigations took place between the

STBC, represented by Rev. J.M.Franklin on one hand and C.D.Prakash

Rao and Ch. Solomon Raju on the other for the correspondent ship.

Ultimately, in W.P.No.1324/2002 & batch, while allowing the batch of

writ petitions filed by STBC, represented by the then General Secretary

N.Nathanial against the C.D.Prakash Rao and others, the Division Bench

of the common High Court of A.P. observed that the G.O.Rt.No.627,

Higher Educational (CE.III) Department, dated 03.09.2001, issued by the

Government approving the correspondents nominated by C.D.Prakash

Rao on the ground of pendency of A.S.No.55/1999 has no longer lived,

since the appeals were dismissed by a common judgment dated

28.04.2006 by the III Additional District Judge, Nellore. The Division

Bench consequently set aside the G.O.Rt.No.627 dated 03.09.2001 and all

proceedings issued consequent thereto. However, the Division Bench

observed that 5th respondent in W.P.No.1324/2002 i.e., C.D.Prakash Rao

was not precluded from questioning the validity of the order of the

Commissioner of Intermediate Education, dated 25.07.2016, approving

the appointment of Rev. G.D.Diwakar, a person nominated by the writ

petitioner as a correspondent for four junior colleges, by initiating

appropriate legal proceedings.

11. In this backdrop, now we have to see whether the takeover of the

ABM Degree College, Ongole, Prakasam District by the Government

pursuant to G.O.Ms.No.42, Higher Education (C.E.) Department, dated

10.08.2021 and G.O.Rt.No.139, Higher Education (CE.A2) Department,

dated 01.09.2021, is a valid action or not.

12. The impugned G.O.Rt.No.139, Higher Education (CE.A2)

Department, dated 01.09.2021, would show that the Government have

issued the said proceedings stating that the Commissioner of Collegiate

Education / 2nd respondent herein has submitted proposal for absorption of

existing aided staff (both teaching and non-teaching) of ABM College,

Ongole, Prakasam District as the management of the said institution was

voluntarily willing to surrender, not the other assets, but all of their duly

sanctioned aided posts along with existing aided teaching and non-

teaching staff working in the institution to the Government and so also the

aided staff of the said institution also gave their consent in writing for

absorption into Government. Basing on the said proceedings of 2nd

respondent, the Government has issued said G.O.Rt.No.139 accepting the

request of the management of institution to surrender their grant-in-aid in

the form of surrendering all their duly sanctioned aided posts and existing

aided staff into the Government. The Government have issued certain

directions to the 2nd respondent to take up further necessary action in that

regard. The G.O.Rt.No.139 dated 01.09.2021 and the consequential

proceedings in Rc.No.64/Admn.III-B/2021 dated 08.09.2021 issued by 2nd

respondent are severely impugned on the main ground that as early as on

30.04.2021 itself the management of STBC, represented by General

Secretary Rev. J.M.Franklin, addressed letter to 2nd respondent expressing

their unwillingness to handover the staff and property of ABM Degree

College, Ongole and STBC College, Kurnool and in that view, neither the

2nd respondent nor the Government can takeover the aided staff without

the consent of the petitioner.

13. In the above context, I perused the copy of the letter dated

30.04.2021 addressed by the petitioner to 2nd respondent, wherein it was

stated that the management of STBC was not willing to handover the staff

and property of the institutions i.e., ABM Degree College, Ongole and

STBC College, Kurnool to the Government. As such I find considerable

force in the submission of learned counsel for petitioners. When the

petitioner institute has addressed letter on 30.04.2021 itself, expressing its

unwillingness to handover the staff and property of the petitioner

institutions, it is incomprehensible as to from whom 2nd respondent has

obtained willingness and addressed letter to the Government that the

management was willing to handover the aided staff. A perusal of

G.O.Ms.No.42 dated 10.08.2021 would clearly depict that the

Government proposes to takeover the willing private aided degree

colleges including minority degree colleges in the State without any

financial burden on the exchequer. In that context, the Government has

directed the Commissioner of Collegiate Education to call for applications

in writing from the management and staff of such private aided degree

colleges whose managements were voluntarily willing to handover the

management and infrastructure to the Government without any liabilities.

Thus, the G.O. is very much clear that it is only those educational

institutions, whose managements have voluntarily agreed to surrender,

were proposed to be taken over by the Government. That appears to be

not the case in present instance. Therefore, the impugned proceedings

have no validity and legal sanctity in my considered view and they are

liable to be set aside.

14. In the result, this writ petition is allowed and the G.O.Rt.No.139,

Higher Education (CE.A2) Department, dated 01.09.2021 issued by 1st

respondent and consequential proceedings in Rc.No.64/Admn.III-B/2021,

dated 08.09.2021 issued by 2nd respondent are set aside with a direction to

respondent authorities to handover the ABM Degree College, Ongole and

its staff within one (1) week from the date of receipt of a copy of this

order, if the possession was already taken over. No costs.

As a sequel, interlocutory applications pending, if any, shall stand

closed.

_________________________ U.DURGA PRASAD RAO, J 28.02.2022 MVA

THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

W.P.No.22080 of 2021

28th February, 2022 mva