Andhra Pradesh High Court - Amravati
Sahaya Institute Of Advanced Studies In ... vs The State Of Ap 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:
2
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 action of the Respondents more particularly 3 4 and 5 in not granting affiliation for the academic year 2023 24 despite collecting the affiliation fee on the ground that the Petitioner institution is not notified by the1ST Respondent and thereby disabling the Petitioner to participate in APEDCET 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 National Council for Teachers Education Act 1993 and consequently direct the Respondents 3 to 5 to grant affiliation to the Petitioner institution for the academic year 2023 24 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case...."
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 Mr.M.Murali Lincon, learned Standing Counsel appearing for the respondents No.3 to 5. 3
3. The case of the petitioner is that the petitioner is the B.Ed College offering various courses for the past many decades. The petitioner institution got recognition from the National Council for Teacher Education and is running as per the regulations framed by the NCTE and the provisions of AP Universities Act without any deviations.
4. Initially the recognition was granted at Chittoor District, which falls under „Sri Venkateswara University, Tirupati‟. Thereafter the petitioner institution could not run the same at Chitoor District and subsequently applied for shifting permission before the National Council for Teacher Education from Chittoor District to Guntur District, which falls under jurisdiction of the 5th respondent University. The NCTE, granted shifting permission vide orders dated 23.01.2024.
5. While so, on 24.01.2024 the petitioner institution approached the 5th respondent and requested to grant affiliation. But the University authorities informed that the petitioner institution is not notified by the 1st respondent and 4 without such notification the University cannot grant affiliation.
6. The grievance of the petitioner is that the provisions of NCTE Act clearly mandates that the respondent University being an examining body, should grant affiliation as and when the NCTE grants recognition to any institution as per Section 16 of the NCTE Act. Despite the same, the petitioner approached the 1st respondent vide representation dated 29.01.2024, requesting the authorities to grant statutory permissions as insisted by the 5th respondent. The 1st respondent vide letter dated 01.03.2024, addressed the 2nd respondent and called for specific remarks with respect to the petitioner institution. The 2nd respondent submitted its remarks to the 1st respondent on 07.03.2024 recommending the case of the petitioner institution for issuance of Government Order enabling the 5th respondent University to grant affiliation. But the same is pending before the 1st respondent and no action is taken till date. Hence, the writ petition.
5
7. 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. "
8. 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.
6
9. 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."
10. 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.
11. 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;"7
12. 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.
13. On the other hand, learned Government Pleader appearing for Higher Education submits that the respondents 4 and 5 are the monitoring authority and fairly admitted that the Government has no role to play on the issue.
14. 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 4 and 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.
8
15. Accordingly, the Writ Petition is allowed directing the respondents No.4 and 5 to 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 KGR