Vijaya Lakshmi College Of ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 5173 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

 MAIN CASE No.: W.P.No.26682 of 2023

                             PROCEEDING SHEET

Sl.No    DATE                                                                OFFICE
                                          ORDER

NOTE 20.10.2023 NV, J `

Learned counsel for the petitioner submits that in similar circumstances, this Court by orders in W.P.No.18309 of 2023 dated 25.07.2023 and W.P.No.18649 of 2023 dated 27.07.2023 relying on the judgment of the Hon'ble Division Bench of this Court in W.A.No.607 of 2023, dated 21.06.2023. He further submits that the fee structure was already finalized in respect of the petitioner college.

Learned counsel for the petitioner submits that inspection was conducted in respect of the petitioner-institution without any prior intimation or without giving notice. Even after inspection no notice was issued to the petitioner college informing about the deficiencies that were found out at the time of inspection.

Heard learned counsel for the petitioner, learned Government Pleader for Higher Education and learned Standing Counsel appearing for the respondents.

Having considered the submissions made, this court is of the considered view to pass an interim order with the following directions:

i) After receiving the request from the Commission, the State Government shall display the petitioner(s)/college(s) in the list of colleges at official website for participating in the ensuing counselling in various B.Ed. courses for the present academic year 2023-24 through APEDCET- 2023.

ii) It is settled principle under the jurisprudence of administrative law, any action by the public authority which is coercive in nature, must be done by following the principles of natural justice and providing fair and reasonable opportunity of hearing. In the present case, both the principles were not observed by the 4th respondent-university, therefore, especially, the 4th respondent as well as the other respondents are directed to suspend the application of the petitioner for the academic year 2023-24. It is needless to observe that the respondent-university is at liberty to issue notices in respect of the deficiencies found in the inspection and provide opportunity of hearing to the petitioner and then the university can pass appropriate orders for the next academic year 2024-25, subject to the other statutory permissions granted by the NCET as well as the 2nd respondent/Council. List the matter after four(4) weeks.

_________ NV, J

Note:

C.C. by 21.10.2023 B/o.

TPS