Correspondent, Scope Vocational ... vs Prl Secy, Higher Education, Hyd 3 ...
2022 Latest Caselaw 4896 Tel

        THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                 AND
        THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


      WRIT APPEAL Nos.1903, 1904 and 1905 of 2013

COMMON JUDGMENT:         (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



       None    appears       for       the        appellants,               though

Mr.    S.Santhosh    Kumar, learned                Special Government

Pleader appears for the respondents.

2. These writ appeals are directed against the order

dated 22.11.2013 passed by the learned Single Judge

dismissing W.P.No.22947 of 2013 and batch filed by the

appellants and others.

3. The related writ petitions were filed by the appellants

to set aside the order of respondent No.2 dated 21.05.2013

directing all private vocational junior colleges to grant

admission to the vocational courses only to those

candidates who had passed the second year intermediate

course already.

4. After an elaborate examination of the issue and the

related legal provisions, learned Single Judge by order

dated 22.11.2013 dismissed the writ petitions.

5. On appeals, an order was passed on 10.12.2013 in

the following manner:

"While considering the prayers for grant of interim relief, we observe as follows.

The learned trial Judge has earlier granted interim orders allowing the appellants to admit the students during pendency of the writ petitions. The aforesaid interim orders were passed ex parte and so, vacate stay applications were filed by the respondents and while disposing of the vacate stay applications, the writ petitions themselves were heard out and were dismissed. We have taken note of the aforesaid fact.

The admitted position is that pursuant to the interim orders, a large number of students were admitted by the institutions and they are third parties and bona fide candidates and at the moment if we pass any order affecting their right, without being heard, serious injustice would be caused. Therefore, taking the aspect of balance of convenience into consideration, we grant the following interim relief.

If there was an interim order earlier, the admissions taken place pursuant to the interim orders are accepted to the extent that the students can prosecute their study, but their admission will abide by the result of the appeals and it must be notified to each

and every student by the concerned college authorities. There shall not be any fresh admission until further orders of this court.

The appeals will be heard out in due course."

6. We find that the course in question was for a period

of two years, which was over in the year 2015. At this

distant point of time, we are not inclined to disturb the

admission already granted to the students, by virtue of the

interim order dated 10.12.2013 as extracted above.

7. However, we make it clear that notwithstanding the

admission of the students covered by these writ appeals in

terms of the interim order, the decision of the learned

Single Judge affirming the order of respondent No.2 dated

21.05.2013 would continue to hold the field. The

admission of the students in terms of interim order dated

10.12.2013 would not be treated as a precedent for the

future.

8. Writ appeals are accordingly disposed of.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ C.V.BHASKAR REDDY, J

26.09.2022 dua/vs