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Telangana High Court

B. Ed. And D.Ed College Managements vs The Admission And Fee Regulatory on 12 December, 2023

Author: Surepalli Nanda

Bench: Surepalli Nanda

         HIGH COURT OF JUDICATURE AT HYDERABAD
   FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
                         PRADESH
        SATURDAY, THE TWENTIETH DAY OF SEPTEMBER
               TWO THOUSAND AND FOURTEEN

                          : PRESENT:
       THE HON'BLE SRI JUSTICE: NOOTY RAMAMOHANA RAO

                          WP .NO:28094 of 2014

Between:
  1. B. Ed. & D.Ed College Managements Association, C/o Islamia Group of
     Institutions, A Registered Society (Reg. No: 905/2007) Having its office
     at H. No. 17-3-1/5, SRT Colony, Yakhutpura, Hyderabad - 500023 Rep.,
     by its President/Authorized Signatory, Khaja Hassan.
  2. Sana College of Teacher Education, NH 9, Kodad - 508 206, Nalgonda
     District, Telangana, Rep., by its Secretary / Correspondent, Nazeer.
  3. Anwarul Uloom College of Education, #11-2-400/401, Opp. Govt.
     Hospital, Nampally, Hyderabad - 500001, Rep., by its Secretary /
     Correspondent, Mahboob Alam Khan.
  4. Pragna College of Education, Seetharampet Village, lbrahimpatnam
     Mandal, Ranga Reddy District, Telangana - 500506, Rep., by its
     Secretary/Correspondent, Sudhakar Reddy.
  5. Dr Zakir Hussain College of Education, Mulukuduru (V), Ponnur (M),
     Guntur District - 522315 Andhra Pradesh, Rep., by its
     Secretary/Correspondent, Khader Khan.
  6. National College of Education Munidevunipally (V), Kondapur (M),
     Medak District, Telangana - 502 295 Rep., by its
     Secretary/Correspondent, Khader Khan.
  7. Rabindranath Tagore College of Education, Kummera (V), Chevella (M),
     Ranga Reddy District - 501503, Telangana, Rep., by its
     Secretary/Correspondent, Khader Khan.
  8. Islamia College of Education, No. 47-3-1/5, SRT Colony, Yakutpura,
     Hyderabad - 500023, Rep., by its Secretary / Correspondent, Mohd.
     Yousuf.
  9. SRM College of Education, Near Vanasthalipuram, Enjapur Post
     Gurramguda (V), Saroornagar (M), Hyderabad - 501510, Rep., by its
     Secretary / Correspondent, Ravinder Reddy.
 10. Holy Faith Minority College of Education, Paloncha - 507115,
     Khammam District Rep., by its Secretary / Correspondent, Sanjeeva
     Reddy.
 11. Residency College of Education Vikarabad, Ranga Reddy District,
     Telangana Rep. by its Secretary / Correspondent, Mujahed Alam Khan.
 12. Moghal College of Education, # 8-5-2/18, Moghal Campus, Bandlaguda,
     Hyderabad, Rep., by its Secretary / Correspondent, M.A. Baig.
 13. Noor College of Education, Noor Gate, Amangal Road, Shadnagar,
     Mahaboobnagar District, Telangana Rep., by its Secretary /
     Correspondent, M.A. Baig.
 14. M.A..Baig College of Education, # Municipal Park, MLG Road,
     Nalgonda - 508001, Telangana, Rep. by its Secretary / Correspondent,
    M.A. Baig.
15. Al - Rahman College of Education, Charlapally (V), Nalgonda District,
    Telangana Rep., by its Secretary / Correspondent, Md. Younus.
16. Rahmans College of Education, Yeshwanthapur (V), Jangaon (M)
    Warangal District, Rep., by its Secretary / Correspondent, Rafeeq Ur
    Rahman.
17. Riyan College of Education, Sy 140 112, Venkatadripalem (V),
    Miryalguda (M), Nalgonda District, Telangana, Rep., by its Secretary /
    Correspondent, Shaik Mohammad.
18. Deccan College of Education, Pamulaparthy (V), Wargal (M) Medak
    District, Telangana Rep., by its Secretary / Correspondent, Virahath Ali




19. Nawab Shah Alam College of Education, Yennepally, Vaikarabad,
    Ranga Reddy District, Rep. by its Secretary / Correspondent, Mujahed
    Alam Khan.
20. MRK College of Education, Yapral (V), Malkajgiri (M) Secunderabad -
    500087, Rep., by its Secretary / Correspondent, Jaipal Reddy.
21. Syed Jamal Memorial College of Education, Kodad, Nalgonda District,
    Telangana, Rep., by its Secretary / Correspondent Sk. Jaffar.
22. Crescent College of Education, Mukarrampura Karimnagar District,
    Telangana, Rep., by its Secretary / Correspondent, Zahoor Khalid.
23. Hazrath Ameenudiin College of Education, Giddalur, Prakasam District,
    Rep., by its Secretary / Correspondent Moinuddin.
24. Islamiah College of Education for Women, Hyderabad, Rep., by its
    Secretary/Correspondent, Khaja Hassan.
25. Madina College of Education, Huzur Nagar Nalgonda District, Rep., by
    its Secretary / Correspondent Mohd Jafar.
26. Mohammadens College of Education, Devarakonda, Nalgonda District,
    Rep., by its Secretary / Correspondent Afsar Ahmed.
27. Panchsheel College of Education, Gajulpet Street Nirmal, Adilabad,
    Telangana, Rep., by its Secretary / Correspondent, M.A. Shukoor.
28. Reemaan College of Education, Sanga Reddy Medak District, Rep., by
    its Secretary / Correspondent Qayyum Anwar.
29. SNBTM College of Education for Women, Repalle, Guntur, Rep., by its
    Secretary / Correspondent Mohd Shareef.
30. Shahnaz College of Education, Narsapur, Medak District Rep., by its
    Secretary / Correspondent, SK Sydulu.
31. Azam College of Education, Bodhan Nizamabad District, Telangana,
    Rep., by its Secretary / Correspondent Md Shebaz Ahmed.
32. St Thomas College of Education, Bodhan Nizamabad District,
    Telangana, Rep., by its Secretary / Correspondent Md. Thoufeeqh.
33. Sri Chaitanya College of Education, Bodhan, Nizamabad District,
    Telangana, Rep., by its Secretary / Correspondent Md. Thoufeeqh.
                                                              ..... Petitioners

                                    AND
 1. The Admission and Fee Regulatory Committee, 1st Floor, South Wing,
      Gagan Vihar M.J. Road, Hyderabad - 500001 Rep., by its Member
     Secretary.
  2. State of Telangana, Represented by its Principal Secretary, Higher
     Education Department, Secretariat Buildings, Secretariat, Hyderabad.
  3. State of Andhra Pradesh, Represented by its Principal Secretary, Higher
     Education Department, Secretariat Buildings, Secretariat, Hyderabad.
  4. The Telangana State Council for Higher Education, 1st Floor, JNTU,
     Masab Tank Campus Mahaveer Marg, Opp, Mahaveer Hospital Road
     No. 1, Masab Tank, Hyderabad, Represented by its Secretary.
  5. The Andhra Pradesh State council for High Education, 1st Floor, JNTU,
     Masab Tank Campus, Mahaveer Marg, Opp. Mahaveer Hospital, Road
     No. 1, Masab Tank, Hyderabad, Represented by its Secretary.
  6. The Convenor, Ed. CET - 2014 (Admissions), SWI C/o Prof. B. Appa
     Rao, Online Centre, Dr. G. Rami Reddy Distance Education Centre
     Osmania University, Hyderabad.
  7. The Admission Committee, Ed. CET-AC-SW-II Consortium of A.P.
     Minority Educational Institutions Office at # 5-9-24/79, Aligarh Building,
     Hill Fort Road, Basheerbagh, Hyderabad - 500 064
  8. Fedration of A.P. Minority Educational Institutions, H. No. 5-9-54/79,
     Aligarh building, Hill Fort Road, Basheerbagh, Hyderabad Rep. by its
     General Secretary, Mr. Zaffar Javeed




  9. Apex Welfare Association of Minority Institutions, H. No. 11-4-641/A & B,
     1st Floor, Lane Opp to PTI Building, AC Guards, Hyderabad. Rep. by its
     General Secretary, Mr. Haneef Abid
 10. Association of Christian Porffessional Colleges, Plot No. 102, High
     Court Colony, Vanasthalipuram, Hyderabad, Rep. by its General
     Secretary, Mr. K.V.K. Rao
      (Respondents 8 to 10 are impleaded as per Court order dated 20-09-
      2014 in WPMP. No. 35684 of 2014)
                                                             .....Respondents

    Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a direction, order or writ more particularly in the nature of Writ
of Mandamus declaring the action of the 1st Respondent in disallowing the
Petitioners to conduct Single Window Counseling to admit students into B. Ed
Course through SW - II Window vide the impugned proceeding bearing U..
No. 16 / AFRC - RA / SW. II - 2014 - 15 / 169, dated 11.9.2014 as being
arbitrary, illegal, vitiated by non-application of mind and violative. of Articles
14 and 30 of the Constitution of India and the statutory rules governing the
subject matter, and for a consequential direction to permit the Petitioners to
conduct Single Window Counseling and to admit students into the B. Ed
Course for the academic year 2014-15 through SW - II Window.

    The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri P.
 Shreyas Reddy Advocate for the Petitioners and of Sri C. Sudesh Anand,
Advocate for the respondent No. 1, 4 & 5, and of GP for Higher Education
(T.G) for the respondent No. 2, and of GP for Higher Education (A.P) for the
respondent No. 3, and of Sri G, Tarun Reddy, Advocate for the respondent
Nos. 8 to 10, the Court made the following.




                                                  ASSISTANT REGISTRAR
             //TRUE COPY//
                                                For ASSISTANT REGISTRAR
To
  1. The Member Secretary, Admission and Fee Regulatory Committee, 1st
     Floor, South Wing, Gagan Vihar M.J. Road, Hyderabad - 500001
  2. The Principal Secretary, Higher Education Department, State of
     Telangana, Secretariat Buildings, Secretariat, Hyderabad.
  3. The Principal Secretary, Higher Education Department, State of Andhra
     Pradesh, Secretariat Buildings, Secretariat, Hyderabad.
  4. The Secretary, Telangana State Council for Higher Education, 1st Floor,
     JNTU, Masab Tank Campus Mahaveer Marg, Opp, Mahaveer Hospital
     Road No. 1, Masab Tank, Hyderabad.
  5. The Secretary, Andhra Pradesh State council for High Education, 1st
     Floor, JNTU, Masab Tank Campus, Mahaveer Marg, Opp. Mahaveer
     Hospital, Road No. 1, Masab Tank, Hyderabad.
  6. The Convenor, Ed. CET - 2014 (Admissions), SWI C/o Prof. B. Appa
     Rao, Online Centre, Dr. G. Rami Reddy Distance Education Centre
     Osmania University, Hyderabad.




  7. The Admission Committee, Ed. CET-AC-SW-II Consortium of A.P.
     Minority Educational Institutions Office at # 5-9-24/79, Aligarh Building,
     Hill Fort Road, Basheerbagh, Hyderabad - 500 064
  8. Sri Mr. Zaffar Javeed, General Secretary, Fedration of A.P. Minority
     Educational Institutions, H. No. 5-9-54/79, Aligarh building, Hill Fort
     Road, Basheerbagh, Hyderabad
  9. Mr. Haneef Abid, General Secretary, Apex Welfare Association of
     Minority Institutions, H. No. 11-4-641/A & B, 1st Floor, Lane Opp to PTI
     Building, AC Guards, Hyderabad.
 10. Mr. K.V.K. Rao, General Secretary, Association of Christian
     Porffessional Colleges, Plot No. 102, High Court Colony,
     Vanasthalipuram, Hyderabad
      (Addressees 1 to 10 by RPAD)
 11. Two CC to GP for Higher Education (T.G), High Court, Hyderabad(OUT)
 12. Two CC to GP for Higher Education (A.P), High Court, Hyderabad(OUT)
 13. One CC to Sri P. Shreyas Reddy, Advocate(OPUC)
 14. One CC to Sri G. Tarun Reddy, advocate(OPUC)
 15. One spare copy
 Csk




HIGH COURT




NRRJ




DATE: 20-09-2014




NOTE: CALL AFTER FOUR WEEKS




ORDER

WP. NO. 28094 OF 2014 DIRECTION HIGH COURT Csk Date of drafting 22-09-2014 NRRJ DATE: 20-09-2014 NOTE: CALL AFTER FOUR WEEKS ORDER WP. NO. 28094 OF 2014 DIRECTION