Andhra Pradesh High Court - Amravati
Sri Lakshmi Venkateswara College Of ... vs The State Of Andhra Pradesh on 20 March, 2024
APHC010140062024
IN THE HIGH COURT OF ANDHRA
PRADESH
[3333]
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTIETH DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 7177/2024
Between:
Sahaya Institute Of Advanced Studies In ...PETITIONER
Education
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SRI VIJAY MATHUKUMILLI
Counsel for the Respondent(S):
1. GP FOR HIGHER EDUCATION
2. S PARINEETA (SC FOR APMDC)
3. M MURALI LINCOLN(STANDING COUNSEL FOR
ACHARYA NAGARJUNA UNIVERSITY)
The Court made the following:
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ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"....to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents more particularly 3 to 5 in not granting affiliation for the academic years 2021-22, 2022-23 and 2023-24, despite collecting the affiliation fee and thereby disabling the Petitioner to participate in EDCET- 2023 counselling as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of A.P. Universities Act and consequently direct the 5th Respondent to grant affiliation to the Petitioner institution...."
2. Heard Mr.Mathukumilli SriVijay, learned counsel for the petitioner, learned Government Pleader for Higher Education appearing for the respondent No.1, Ms.S.Parineetha, learned Standing Counsel appearing for the respondents 2 and Ms.Y.Ratna Prabha, learned Standing Counsel appearing for the respondents No.3 to 5.
3. Brief facts of the case, in brief, is that the petitioner herein is a B.Ed college offering various courses for the past many decades by maintaining good standard of education 3 and has also got recognition from the National Council for Teacher Education (NCTE) vide order dated 12.04.2016. Subsequently, vide orders dated 01.04.2021, the 5th respondent university has granted affiliation to the petitioner institution for the academic year 2020-21. The petitioner submits that the institution could not function during the academic year 2021-22 due to the pandemic situation prevailed all over the country.
4. While so, on 05.02.2024, the petitioner institution has submitted a representation to the 5th respondent, duly enclosing the challan for affiliation fee for the academic years 2021-22, 2022-23 and 2023-24. The grievance of the petitioner is that though the recognition orders granted by NCTE are in force, the respondent university is not granting affiliation to the petitioner's institution, without even considering the representation dated 05.02.2024, for the academic year 2023-24, due to which action, the petitioner's institution is put to severe loss. Hence the writ petition. 4
5. Learned counsel for the petitioner relied on Section 16 of the NCTE Act, which is extracted herein under:
"16. Affiliating body to grant affiliation after recognition or permission by the Council. -
Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,¬-
(a) grant affiliation, whether provisional or otherwise, to any institution; or
(b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution, unless the institution concerned has obtained recognition from the Regional Committee concerned, under Section 14 or permission for a course or training under section 15. "
6. Relying on the above provision, learned counsel for the petitioner would submit that as per Section 16 of the NCTE Act the 4th respondent University should not wait for any approval from the State Government and the University itself is competent to grant affiliation following the recognition granted by the Apex Body.
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7. Even Section 14 of the NCTE Act which deals with Recognition of institutions offering course or training in teacher education, is extracted as under: -
"(1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:
Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee."
8. Learned counsel for the petitioner also relied on Section 19 of the Andhra Pradesh Universities Act, 1991 which deals with Powers and Duties of the Board of Management.
9. Section 19 (18) of the Andhra Pradesh Universities Act, 1991, reads as under:-
"The Executive Council shall be Executive Authority of the University and shall have power, -
(18) to grant recognition to the institution and oriental colleges under conditions prescribed by Statues after consultation with the Academic Senate and to suspend or withdraw such recognition after consultation with the Academic Senate;"6
10. Learned counsel for the petitioner raised a ground that a notification by the Government is not at all essential as the Government does not have any role to play in granting affiliation to the colleges. But, however, it is for the university which is an autonomous body, to grant affiliation to the petitioner-College and the Government has no role.
11. On the other hand, learned Government Pleader appearing for Higher Education submits that the respondents 3 to 5 are the monitoring authority and fairly admitted that the Government has no role to play on the issue.
12. Considering the above submissions and in view of the above mentioned provisions of law, it is a fact that the petitioner-College submitted an application for grant of affiliation and also remitted the prescribed fee, despite the same, the respondents 3 to 5 cannot reject the grant of affiliation to the petitioner-institution on the ground that the said colleges are not notified in the Government Orders, and on the other hand as per Section 14 of the NCTE Act, it is for the University to grant such affiliation.
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13. Accordingly, the Writ Petition is allowed directing the respondents No.3 to 5 to consider the representation dated 05.02.2024 submitted by the petitioner to the 5th respondent and grant affiliation to the petitioner institution duly taking into consideration the observations made as above. The said exercise shall be completed prior to conducting of counseling to the petitioner college. No costs.
As a sequel, miscellaneous applications pending, if any, in these Writ Petitions shall also stand closed.
____________________________ SMT JUSTICE V. SUJATHA Date: 20.03.2024 KGR