Andhra Pradesh High Court - Amravati
Sri Vivekananda College Of Education vs The State Of Andhra Pradesh, on 1 March, 2024
APHC010095852024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
[ 3333 ]
FRIDAY ,THE FIRST DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
I.A.No.1 of 2024
WRIT PETITION NO: 5065 OF 2024
Between:
SRI VIVEKANANDA COLLEGE OF EDUCATION AND
OTHERS ...PETITIONER(S)
AND
THE STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT(S)
Counsel for the Petitioner(s):SRI. U D JAI BHIMA RAO
Counsel for the Respondents: GP FOR HIGHER EDUCATION
The Court made the following:
ORDER:
The case of the petitioners is that all the petitioners herein are Educational Institutions imparting Bachelor of Education (B.Ed.) course of study; the 4th respondent has issued A.P.Ed CET Notification 2023-2024 dated 29.01.2024 for admissions into Bachelor of Education (B.Ed.) Course to those desirous eligible students by duly indicating list of colleges; accordingly, allotment of seats for the 1st phase counseling has been conducted by the 4th respondent commencing from 17.02.204 to 19.02.204; in the said counseling, the admission seats fall under the category of 10% Economic Weaker Section (EWS) are not invited by the 4th respondent and thereby no admissions from the said category are filled in the petitioner institutions.
Learned counsel for the petitioners would submit that the respondents, apart from the permitted intake, have to ensure the petitioner institutions to have additional admissions of 10% Economic Weaker Section (EWS) quota seats in order to subserve the Article 15(6) brought through the Constitution 103rd Amendment Act, 2019; in spite of the same, the 5th respondent herein vide proceedings dated 01.11.2023 took a decision to keep the supernumerary seats for EWS in abeyance.
Learned counsel appearing for the 5th respondents submits that the reasons for doing so is that the Committee has found certain irregularities in making admissions and decided to conduct enquiry on this aspect.
However, on the ground of certain irregularities committed by some Colleges, the students coming under Weaker Sections cannot be deprived of the benefit of 10% of the seats which are reserved in their favour.
In view of the same, there shall be interim suspension of the impugned proceedings dated 01.11.2023 issued by the 5th respondent vide F.No.NCTE-Regl/64/2023-Regulation Section (AP)-SRTC 143788 to the extent of keeping the supernumerary seats for EWS in abeyance. However, the respondents are at liberty to proceed further with regard to the enquiry to be conducted.
Post after three (03) weeks for filing counter.
_________________________________ JUSTICE V. SUJATHA