Telangana High Court
Dantham Rajesh vs Sri. Sandeep Kumar Sultania Ias, And 9 ... on 28 March, 2022
Author: B. Vijaysen Reddy
Bench: Satish Chandra Sharma, B.Vijaysen Reddy
HONOURABLE THE CHIEF JUSTICE
SRI SATISH CHANDRA SHARMA
AND
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
CONTEMPT CASE No.1472 OF 2021
ORDER :(Per Hon'ble Sri Justice B. Vijaysen Reddy) This contempt case has been filed complaining non- compliance of the order passed by this Court in W.P. (PIL) No.88 of 2019 dated 25.03.2021 which reads as under:
"1. Pursuant to the order passed on 25.02.2021, a fresh Report dated 24.03.2021 has been filed by the respondent No.5/Secretary, Telangana State Board of Intermediate Education stating inter alia that the Board has issued closure notices to 68 private junior colleges, which have failed to fulfil the requirements for affiliation during the academic year 2019-20. The Status Report in respect of the 68 private junior colleges has been reproduced in a tabulated form in the said Report. The Status Report reveals that out of 68 private junior colleges which were issued closure notices, 11 colleges had submitted fire NOCs and affiliations were granted to them, 15 colleges had shifted out from the premises in question whereafter affiliations were granted to them and 42 colleges have been closed down and some of the said colleges have challenged the orders of closure by filing individual 2 writ petitions in the High Court. The said Report is taken on record."
2. The petitioner submits that as per the information received from the Director of Enforcement, Vigilance and Disaster Management, Greater Hyderabad Municipal Corporation, on 30.04.2021, pursuant to the application of the petitioner under Right to Information Act 2005 seeking clarity on the requisite No Objection Certificate for running Junior College Managements, it has been explicitly informed that the Junior College Managements have to obtain Occupancy Fire NOC under Educational (B-2) category and the same is mandatory to run the college.
(i) Sri Chaitanya Junior College (Code No.58265) was issued NOC under B-1 category and Sri Chaitanya Junior Colleges (Code Nos.58391, 58451) were issued NOC under A-3 category and Sri Chaitanya Junior College (Code No.58348) was issued NOC under F-2 category. None of the NOCs obtained by the above colleges are appropriate to run the colleges as they are detrimental to the interests of the students in regard to safety. 3
(ii) Narayana Junior Colleges (Code Nos.60288, 60338, 62243 and 62253) have applied for NOCs and the same were rejected. However, the colleges of Narayana Institutions (Code Nos.62243, 62253, 62250, 60288, 60338, 60266, 60215, 60226, 61229, 59281, 59396, 58325 and 58350) are running in the same premises even today contrary to the order under contempt.
(iii) The petitioner has lodged several complaints including the complaint dated 11.10.2021 to almost all the authorities concerned. The authorities explicitly state that NOC was not issued to multiple colleges which are already running their operations.
3. In the counter affidavit filed by respondent No.5, it is submitted that pursuant to the order under contempt, the Telangana State Board of Intermediate Education (TSBIE) has issued orders for closing such Junior Colleges who have not produced Fire NOC and other violations of TSBIE Norms, and rejected affiliation. Sri Chaitanya Junior College (Code No.58625) has submitted Fire NOC with Category B1 which is valid for institutions up to Senior 4 Secondary. Sri Chaitanya Junior Colleges (Code Nos.58391 and 58451) have not submitted relevant Fire NOC for the present academic year and the Management is directed to close the Junior College with immediate effect and to shift the existing students to any other Junior Colleges. Sri Chaitanya Junior College (Code No.58348) is shifted to a suitable building with below 15 meters height.
(i) Out of thirteen (13) Junior Colleges of Narayana, seven (7) colleges i.e., Junior Colleges (Code Nos.60288, 60338, 62243, 62253, 60215, 60226 and 59396) have submitted their Fire NOCs issued by the Director General, State Disaster Response and Fire Services Department.
(ii) Five (5) Narayana Junior Colleges (Code Nos.62250, 60266, 59281, 58325 and 58350) were already closed and there is no activity related to Junior College (TSBIE) as reported by the District Intermediate Education Officers. Further, in reply to the notices, the Management has informed that they are conducting coaching classes for the aspirants of IIT/NEET students. 5
(iii) It is submitted that the TSBIE is rejecting the application forms of renewal of affiliation pertaining to the Managements of Junior Colleges who failed to submit relevant Fire NOC under B2 category in respect of the buildings to run the Educational Institutions including Junior Colleges as per the Circular Memorandum Rc.No.15009/MSB/CR/RR/2013 dated 03.06.2017 issued by the Director General, Telangana State Disaster Response and Fire Services Department, Hyderabad.
(iv) In paragraph No.10 of the counter affidavit, it is submitted that this respondent has implemented the order under contempt.
4. No rejoinder is filed by the petitioner denying the averments of the counter affidavit filed by respondent No.5.
5. The documents submitted by respondent No.5 along with counter affidavit clearly show that action has been taken by the respondent authorities pursuant to the order under contempt and several colleges were closed or shifted to suitable buildings. 6
6. In view of the above, the contempt case is closed. No order as to costs.
_______________________________ SATISH CHANDRA SHARMA, CJ ______________________ B. VIJAYSEN REDDY, J March 28, 2022.
PV