Andhra Pradesh High Court - Amravati
Samavesam Of Telugu Baptist Churches vs The State Of Andhra Pradesh on 28 February, 2022
Author: U.Durga Prasad Rao
Bench: U. Durga Prasad Rao
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
W.P.No.22080 of 2021
ORDER:
Petitioners challenge the G.O.Rt.No.139, dated 01.09.2021 issued by the 2nd respondent and consequential proceedings inRc.No.64 /Admn.III-B/2021, dated 08.09.2021 issued by the 2nd respondent as violative of principles of natural justice as illegal, and for a consequential direction to respondents to restore the grant-in-aid posts, both teaching and non-teaching of ABM Degree College, Ongole.
2. The 1st petitioner is Samavesam of Telugu Baptist Churches (for short 'STBC'), Rep. by its General Secretary Rev. J. M. Franklin; 2nd petitioner is Board of Education and 3rd petitioner is the Correspondent of ABM Degree College, Ongole. Their case is that STBC is a registered society established in 1963 and it has been managing various educational institutions in Andhra Pradesh and Telangana. There are about 42 educational institutions under the management of STBC.
(a) One Chilaka David Prakash Rao claiming as Additional General Secretary of STBC filed W.P.No.1993 of 1993 on the file of High Court of Andhra Pradesh to consider the nominations made by him for correspondent ship of various educational institutions run by STBC and the said writ petition was disposed on 17.04.1993 with a direction to authorities to consider his representation. Thereupon the STBC society represented by its General Secretary filed Writ Appeal No.61 of 1994 seeking leave of the High Court to question the order dated 17.04.1993 2 contending thus that Chilaka David Prakash Rao had no locus standi to file the writ petition representing the society because O.S.No.118 of 1991 on the file of Senior Civil Judge, Nellore was pending against him wherein interim injunction was also issued against him. The said suit was filed for declaration that Chilaka David Prakash Rao and his henchmen were not duly elected office bearers of the STBC and for injunction restraining them from interfering with the affairs of the STBC. The said Chilaka David Prakash Rao and others filed O.S.No.87 of 1991 on the file of Court of Senior Civil Judge, Markapur against the management of the STBC. In W.P.No.1993 of 1993 the said Chilaka David Prakash Rao suppressed the pendency of the above suits. Therefore, the High Court of Andhra Pradesh in its order dated 24.01.1994 allowed the Writ Appeal No.61 of 1994 by quashing the orders in W.P.No.1993 of 1993. It was also directed that both the suits should be tried together. Accordingly, the O.S.No.87 of 1991 filed by Chilaka David Prakash Rao was transferred to the Court of Senior Civil Judge, Nellore and tried along with O.S.No.118 of 1991. The said suit was registered and re-numbered as O.S.No.40 of 1994. By common judgment dt: 06.07.1999 O.S.No.118 of 1991 filed by STBC was decreed holding that Chilaka David Prakash Rao and others were not duly elected office bearers of STBC whereas O.S.No.40 of 1994 filed by Chilaka David Prakash Rao was dismissed.
(b). Aggrieved, Chilaka David Prakash Rao filed A.S.No.55 of 1999 and A.S.No.87 of 1999 on the file of Court of III Additional District Judge, Nellore questioning the common judgment dt: 06.07.1999 in the above suits and both appeals were dismissed.3
(c) While so, the Government have issued G.O.Rt.No.627, dt:
03.09.2001 for approving the correspondents nominated by C.D. Prakash Rao on the ground that A.S.No.55 of 1999 filed by him was pending before the District Court. Basing on the said G.O. consequential proceedings were issued for approving the correspondentship of various educational institutions being run by STBC.
(d) Questioning the G.O.Rt.No.627 and consequential proceedings, STBC filed W.P.No.1324 of 2002, W.P.No.1994 of 2004 and W.P.No.2000 of 2004 and this Court was pleased to suspend the consequential proceedings issued by the 2nd respondent. However, Special Officers were appointed to manage the educational institutions. It is submitted that the 4th respondent herein was one of such Special Officers appointed for ABM Degree College, Ongole, which is an aided college and one of the institutions, under the management of STBC. Ultimately, the above writ petitions were disposed of by the High Court of Andhra Pradesh on 07.09.2017 holding that G.O.Rt.No.627 was no longer valid and consequential orders were set aside since the two appeal i.e., A.S.No.55 of 1999 and A.S.No.87 of 1999 filed by Chilaka David Prakash Rao were dismissed on 28.04.2006 itself. Further, by virtue of the orders in Writ Appeal No.61 of 1991, the Special Officers appointed to various educational institutions ceased. As such as per the orders in W.P.No.12324 of 2002 and batch one Mr. G.D.D. Diwakar was appointed as correspondent of 4 junior colleges pursuant to the decree in O.S.No.118 of 1991 was confirmed in appeal.
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(e) While so as far as ABM Degree college is concerned, the management has been sending the names to the authorities for approval of the correspondents nominated by the management of the STBC and so far no action has been taken by the authorities. Recently in July, 2021 a request was sent to the educational authorities to approve the name of the 3rd petitioner namely K. Ravi Kumar as correspondent of ABM Degree College, Ongole and the same is pending consideration. It is submitted that K. Ravi Kumar is the Secretary of Board of Education of STBC.
(f) While the matter thus pending, the Government have issued G.O.Rt.No.52, dt: 06.04.2021 for taking over private educational institutions who voluntarily expressed their willingness for taking over their management and withdrawal of grant-in-aid posts. The petitioner through its letter dated 30.04.2021 addressed to the 2nd respondent expressed its unwillingness to handover the staff and property of the institutions. The said letter specifically referred to ABM Degree College, Ongole and STBC College, Kurnool. A similar letter addressed to the Commissioner of Intermediate Education and Commissioner of School Education expressing the unwillingness of the petitioner to handover its educational institutions. While so, G.O.Ms.No.42 dt: 10.08.2021 was issued by the Government for taking over the management, staff and also assets of the private aided institutions who are willing to handover the same. Pursuant thereto Government issued G.O.Rt.No.139, dated 01.09.2021 for absorption of aided staff both teaching and non-teaching of ABM Degree College, Ongole on the ground that the management has submitted its willingness and Government also issued consequential 5 proceedings in Rc.No.64/Admn.III-B/2021, dt: 08.09.2021 for surrender of teaching and non-teaching staff of ABM Degree College, Ongole.
(g) As can be seen from the above proceedings, it appears that the proposal was submitted by the 2nd respondent namely Commissioner of Collegiate Education, Vijayawada for absorption of existing staff (teaching and non-teaching staff) of ABM Degree College, Ongole on the ground that the management of the said institution expressed its willingness voluntarily to surrender the aided teaching and non-teaching staff and that the Government accepted the proposal of the management of the institution to surrender their grant-in-aid posts. However, the management of STBC which is managing the ABM Degree College, Ongole has already expressed its unwillingness to surrender the posts and assets of its educational institutions on 30.04.2021 itself and the question of surrendering the aided posts did not arise. In spite of the same, the G.O.Rt.No.139, dt: 01.09.2021 was issued stating that the management has accepted the surrender which is not true. It is learnt that the 4th respondent herein acting as Special Officer of ABM Degree College, Ongole submitted proposal for surrender of aided posts and staff pursuant to which G.O.Rt.No.139, dt: 01.09.2021 and consequential proceedings were issued. Those proceedings are illegal and untenable in view of the fact that the petitioner society has already expressed its unwillingness on 30.04.2021 when G.O.Rt.No.52, dt: 06.04.2021 issued by the Government. Further, by virtue of the common order dated 07.09.2017 in W.P.No.12324/2002 and batch, the 4th respondent ceased to be the Special 6 Officer and he has no power to surrender any posts on behalf of the STBC management or give any proposal for surrender.
(h) The respondents have kept the premises of the ABM Degree College, Ongole under lock and key and there is no justification for the same as the premises does not belong to the Government. Hence the writ petition.
3. Learned Government Pleader for Education representing the respondents 1 to 4 did not file counter. However, he has placed on record the instructions in Rc.No.86/Admn.III(B-1)/2021 dated 06.10.2021 and argued the matter.
4. Heard arguments of learned counsel for petitioners Sri Aravala Sreenivasa Rao, and learned Government Pleader for Education representing the respondents 1 to 4.
5. While severely fulminating the proceedings in G.O.Rt.No.139, Higher Education (CE.A2) Department, dated 01.09.2021 issued by 1st respondent and consequential proceedings in Rc.No.64/Admn.III-B/2021, dated 08.09.2021 issued by 2nd respondent, learned counsel for petitioners vehemently argued that the subject college i.e., ABM Degree College, Ongole is an institution owned and administered by the STBC and it is represented by General Secretary Rev. J.M.Franklin. While so, one C.D. Prakash Rao, his brother Chilaka Solomon Raju who have nothing to do with the administration of the educational institutions of the STBC, claimed as additional General Secretaries of STBC and tried to interfere 7 with the STBC administration, more particularly, administration of educational institutions owned by the STBC both in Telangana and Andhra Pradesh and in fact, there are number of civil and writ litigations filed between them and ultimately in the common judgment in O.S.No.118/1991 and O.S.No.40/1994 on the file of the Principal Senior Civil Judge, Nellore, it was held that both of them were not duly elected members of the STBC and the said judgment was also confirmed in A.S.No.55/1999 and A.S.No.87/1999 by the Additional District Judge, Nellore. He further argued, during the pendency of the appeals, both the brothers have submitted list of their men to be appointed as correspondents of different educational institutions and in that context, the Government of A.P. issued G.O.Rt.No.627 dated 03.09.2001 for approving the correspondents nominated by C.D. Prakash Rao. However, the STBC filed batch of writ petitions in W.P.No.1324/2002, W.P.No.1994/2004 and W.P.No.2000/2004 wherein the orders of the competent authority were suspended pending writ petitions and ultimately writ petitions were allowed by the Division Bench of the common High Court of A.P. and the G.O.Rt.No.627 was set aside. Hence, C.D.Prakash Rao and Solomon Raju have no right to represent the institutions and the correspondents appointed at their request were also not entitled to function. It is further argued that while interse disputes were pending so, the Government have issued G.O.Rt.No.52, Higher Education (CE.A2) Department, dated 06.04.2021 and G.O.Ms.No.42, Higher Education (C.E.) Department, dated 10.08.2021 contemplating to take over the willing private aided degree colleges. In that context, the petitioner 8 institution addressed letter dated 30.04.2021 to 2nd respondent clearly stating its unwillingness to handover the staff and property of the ABM Degree College, Ongole and STBC college, Kurnool and in spite of the same, the Go.Rt.No.139 dated 01.09.2021 was issued by the 1st respondent stating as if the 2nd respondent vide his letter dated 16.08.2021 has submitted proposal for absorption of the existing aided staff (both teaching and non-teaching) of ABM College, Ongole, Prakasam District mentioning therein that the management of the said institution was willing to surrender voluntarily, not the other assets, but all of their duly sanctioned aided posts along with the existing aided teaching and non- teaching staff working in the institution to the Government and further, as if the aided staff of the said institution have also given their consent in writing for absorption into the Government. Basing on the said letter, the Government accepted the request of the management and issued G.O.Rt.No.139, wherein it directed the 2nd respondent to absorb the aided staff of the institution into the Government educational institutions through a transparent Web Counseling process. The 2nd respondent was directed to take further necessary action to complete the process of takeover of all the duly sanctioned aided posts of ABM college, Ongole, Prakasam District admitted into grant-in-aid till date and to absorb the existing aided staff of the institution into the Government educational institutions subject to Special Service Rules. Learned counsel argued that when the STBC has addressed letter way back on 30.04.2021 itself expressing its unwillingness to handover the staff and property of its institutions, particularly ABM Degree college, Ongole, it is quite 9 preposterous on the part of 2nd respondent to address letter to the Government as if the management was willing to surrender the sanctioned aided posts along with existing aided teaching and non-teaching staff working in the institution to the Government. Other than the petitioner representing STBC, if any other persons such as Prakash Rao or Solomon Raju or their nominees expressed their willingness to surrender the institution, that cannot be taken as a valid willingness by 2nd respondent in view of the previous Court orders.
6. Per contra, learned Government Pleader for Education, referring to instructions, would submit that admittedly there are interse disputes between the petitioner and some others in respect of the correspondent ship of the educational institutions run by the STBC and in fact, Ch. Solomon Raju filed W.P.No.15429/2020 seeking to declare the action of the respondents 2 & 3 therein in not considering his representation dated 03.08.2020 submitted to appoint him as correspondent to the ABM Degree College, Ongole as illegal and for a consequential direction and the said writ petition is pending.
7. Learned Government Pleader further argued that in view of the interse disputes between the various groups, in the interest of the educational institutions, on the letter of 2nd respondent dated 16.08.2021 stating that willingness was obtained from the existing correspondent, the proceedings in G.O.Rt.No.139 was issued and the school was also directed to be kept under lock and key.
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8. Heard.
9. The point for consideration is whether there are merits in the writ petition to allow?
10. Point: Admittedly, the ABM Degree College, Ongole is run by STBC. It is a further admitted fact that the STBC owns and administers different other educational institutions in the State of A.P. and Telangana. Be that it may, as can be seen from the material papers filed along with writ petition, number of civil and writ litigations took place between the STBC, represented by Rev. J.M.Franklin on one hand and C.D.Prakash Rao and Ch. Solomon Raju on the other for the correspondent ship. Ultimately, in W.P.No.1324/2002 & batch, while allowing the batch of writ petitions filed by STBC, represented by the then General Secretary N.Nathanial against the C.D.Prakash Rao and others, the Division Bench of the common High Court of A.P. observed that the G.O.Rt.No.627, Higher Educational (CE.III) Department, dated 03.09.2001, issued by the Government approving the correspondents nominated by C.D.Prakash Rao on the ground of pendency of A.S.No.55/1999 has no longer lived, since the appeals were dismissed by a common judgment dated 28.04.2006 by the III Additional District Judge, Nellore. The Division Bench consequently set aside the G.O.Rt.No.627 dated 03.09.2001 and all proceedings issued consequent thereto. However, the Division Bench observed that 5th respondent in W.P.No.1324/2002 i.e., C.D.Prakash Rao was not precluded from questioning the validity of the order of the Commissioner of Intermediate Education, dated 25.07.2016, approving 11 the appointment of Rev. G.D.Diwakar, a person nominated by the writ petitioner as a correspondent for four junior colleges, by initiating appropriate legal proceedings.
11. In this backdrop, now we have to see whether the takeover of the ABM Degree College, Ongole, Prakasam District by the Government pursuant to G.O.Ms.No.42, Higher Education (C.E.) Department, dated 10.08.2021 and G.O.Rt.No.139, Higher Education (CE.A2) Department, dated 01.09.2021, is a valid action or not.
12. The impugned G.O.Rt.No.139, Higher Education (CE.A2) Department, dated 01.09.2021, would show that the Government have issued the said proceedings stating that the Commissioner of Collegiate Education / 2nd respondent herein has submitted proposal for absorption of existing aided staff (both teaching and non-teaching) of ABM College, Ongole, Prakasam District as the management of the said institution was voluntarily willing to surrender, not the other assets, but all of their duly sanctioned aided posts along with existing aided teaching and non- teaching staff working in the institution to the Government and so also the aided staff of the said institution also gave their consent in writing for absorption into Government. Basing on the said proceedings of 2nd respondent, the Government has issued said G.O.Rt.No.139 accepting the request of the management of institution to surrender their grant-in-aid in the form of surrendering all their duly sanctioned aided posts and existing aided staff into the Government. The Government have issued certain directions to the 2nd respondent to take up further necessary action in that 12 regard. The G.O.Rt.No.139 dated 01.09.2021 and the consequential proceedings in Rc.No.64/Admn.III-B/2021 dated 08.09.2021 issued by 2nd respondent are severely impugned on the main ground that as early as on 30.04.2021 itself the management of STBC, represented by General Secretary Rev. J.M.Franklin, addressed letter to 2nd respondent expressing their unwillingness to handover the staff and property of ABM Degree College, Ongole and STBC College, Kurnool and in that view, neither the 2nd respondent nor the Government can takeover the aided staff without the consent of the petitioner.
13. In the above context, I perused the copy of the letter dated 30.04.2021 addressed by the petitioner to 2nd respondent, wherein it was stated that the management of STBC was not willing to handover the staff and property of the institutions i.e., ABM Degree College, Ongole and STBC College, Kurnool to the Government. As such I find considerable force in the submission of learned counsel for petitioners. When the petitioner institute has addressed letter on 30.04.2021 itself, expressing its unwillingness to handover the staff and property of the petitioner institutions, it is incomprehensible as to from whom 2nd respondent has obtained willingness and addressed letter to the Government that the management was willing to handover the aided staff. A perusal of G.O.Ms.No.42 dated 10.08.2021 would clearly depict that the Government proposes to takeover the willing private aided degree colleges including minority degree colleges in the State without any financial burden on the exchequer. In that context, the Government has 13 directed the Commissioner of Collegiate Education to call for applications in writing from the management and staff of such private aided degree colleges whose managements were voluntarily willing to handover the management and infrastructure to the Government without any liabilities. Thus, the G.O. is very much clear that it is only those educational institutions, whose managements have voluntarily agreed to surrender, were proposed to be taken over by the Government. That appears to be not the case in present instance. Therefore, the impugned proceedings have no validity and legal sanctity in my considered view and they are liable to be set aside.
14. In the result, this writ petition is allowed and the G.O.Rt.No.139, Higher Education (CE.A2) Department, dated 01.09.2021 issued by 1st respondent and consequential proceedings in Rc.No.64/Admn.III-B/2021, dated 08.09.2021 issued by 2nd respondent are set aside with a direction to respondent authorities to handover the ABM Degree College, Ongole and its staff within one (1) week from the date of receipt of a copy of this order, if the possession was already taken over. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J 28.02.2022 MVA 14 THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO W.P.No.22080 of 2021 28th February, 2022 mva