Andhra Pradesh High Court - Amravati
Skycas vs The State Of Andhra Pradesh on 11 October, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITON NO.25856 OF 2023
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
"to issue an appropriate writ, more in the nature of Writ of Mandamus declaring the action of the Respondents authorities more particularly the 2nd Respondent in not enhancing the intake capacity to maximum of 120 as per the guideline 3 (p) dated 30.09.2016 despite being fulfilled the criteria of running the institution since 2016 (classes commenced from 2017) as per the norms and guidelines, without being considering the representations of the Petitioner institutions dated 29.11.2022 and 29.11.2022 as being arbitrary, illegal, unwarranted and violative of Articles 14 and 19 of the Constitution of India and consequently enhance the intake capacity of the Petitioner institution to 120 seats as per clause 3(p) of the guidelines in Expression of interest dated 30.09.2016 and issue such other writ or order or direction..."
2. Learned counsel for the petitioner and learned Standing Counsel for the respondents.
3. Learned counsel for the petitioner submits that the petitioner's College was granted permission by the State of Andhra Pradesh in the year 2016 along with 4 others colleges vide 2 G.O.Rt.No.770, dated 16.11.2016. Thereafter, the 2nd respondent- University granted temporary affiliation for imparting UG Courses of B.Sc (Hons.) Agriculture with an intake of 60 students vide proceedings dated 22.12.2016, since, then both permission and affiliation has been continuing even for this academic year 2023- 2024. He further submits that as per the regulations of the 2nd respondent-University the said intake was enhanced to meet other exigencies as contemplated under the provisions of the Universities Act and regulations that regarding additional EWS Quota as well as Farmers quota by which the total intake of petitioner's college is 72. The first batch passed out B.Sc (Hons.) Agriculture was happened during the academic year 2019-20. While so, in the year 2016, the 2nd respondent University had invited the private managements for establishment of private agricultural colleges in the State through Expression of Interest (EOI) vide proceedings dated 30.09.2016. Pursuant to the same, the petitioner was granted EOI for imparting Undergraduate Education in B.Sc (Hons.) Agriculture since 2016. As per clause 3(p) of Expression of Interest, it is stated that "Only those institutions that have completed four years and have successfully 3 brought the first batch students will be permitted to apply for assessment and increase in seat intake of students to a maximum of 120". In view of the same, the petitioner herein submitted its application/representation to the 2nd respondent-University seeking enhancement of intake of seats from 60 to 120.
4. Learned counsel for the petitioner submits that the petitioner institution during the course of completion of five years enhanced the infrastructure and other amenities to meet the capacity of 120 intake as per the clause 3(p) of the guidelines issued under Expression of Interest, dated 30.09.2016. When no such action is put forth by the respondent university, the petitioner submitted his representations dated 17.02.2023 and 22.08.2023 requesting for enhancement of the capacity of intake of students from 60 to 120, for which, the petitioner college is entitled. Even after receipt of the said representations, the 2 nd respondent university neither acted upon nor replied to the petitioner. Having no other option, the petitioner preferred the present writ petition.
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5. Learned counsel for the petitioner submits that the petitioner institution had successfully completed five academic years continuously. As such, as per clause 3(p) of Expression of Interest dated 30.09.2016, the petitioner is entitled for enhancement of intake of seats from 60 to 120. He further submits that as per Model Act for Higher Agricultural Educational Institutions in India (revised 2023) formulated by Indian Council of Agricultural Research (ICAR), the minimum in take in B.Sc (Hons.) Agriculture is 120 from the academic year 2023-24. Therefore, in view of the regulations of the ICAR, the petitioner is entitled for enhancement of additional intake of students from 60 to 120. He further submits that deviating the said clause 3(p) of Expression of Interest, the respondent university granted additional intake of seats in favour of Mekapati Gowtham Reddy College up to 200 seats and more than 100 seats in respect of Kurnool Government College on the guise of Government Colleges without there being any sanction from the ICAR as required under the Model Act for Higher Agricultural Educational Institutions in India (Revised 2023).
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6. Learned counsel for the petitioner further submits that the petitioner already made an application dated 20.01.2023 seeking for accreditation in compliance of guidelines of the ICAR. Moreover, the petitioner institution got highest admissions compared to other private institutions. As such, the petitioner institution is a potential one and is surrounded by the vast agricultural lands. Therefore, if the additional intake is allowed, the institution can be pushed more additional infrastructure, new technology and also more amenities for excellence of academics and students, since it will become viable due to increase of intake. Therefore, the petitioner institution is entitled for additional intake upto 120 seats as per clause 3(p) of EOI, 2016 and as per minimum intake suggested by the revised Model Act, 2023 by ICAR."
7. On the other hand, learned Standing Counsel appearing for the respondents filed counter affidavit, wherein, it is stated that the clause 3(p) along with other clauses in EOI are included in MoU. Clause 15(p) of MoU states that "only those institutions that have been completed four years and have successfully brought 6 the first batch students will be permitted to apply for assessment and increase in seat intake of students to a maximum of 120." It is further stated that there is no representation for permission to apply for assessment submitted by the petitioner after completion of four years and successful outcome of first batch of students. Hence, enhancing the intake capacity to maximum of 120 does not arise.
8. The learned Standing Counsel for the respondent-University also contended that as per the letter addressed by the Principal Secretary to Government Higher Education (UE) Department, A.P dated 14.08.2023 and 19.08.2023, the department of the Agriculture is the competent authority since the 2nd respondent- University is under the control of Department of Agriculture and Cooperation. The relevant portion of letter dated 14.08.2023 and 19.08.2023, reads as follows:-
"To forward the file to Agriculture Department which is the administrative department of ANGRAU since neither ANGRAU nor its teachers are not come under administrative purview of Higher Education Department to examine the court case and also the validity of MoU and sharing of 58% expenditure of ANGRAU at Hyderabad and 48% of 7 expenditure incurred by the State of Telangana without bifurcating the posts between the ANGRAUs and assets etc.,"
Therefore, the petitioner should implead the Department of Agriculture as the party respondent for taking necessary action as prayed by the petitioner before non-joinder of necessary party respondent and the prayer of the petitioner may not be considered.
09. Learned Standing Counsel for respondent/University further contended that the representation dt. 28.11.2022 to increase in intake capacity from 60 to 120 is under review. The University requested the Government for approval to enhance the intake capacity from 60 to 120 seats as per the norms prescribed in Eol. It is further submitted that the petitioner applied for accreditation with current intake capacity of 60 only and the application is under progress. It is submitted that as per the Indian Council of Agricultural Research (ICAR) notification vide F.No.EQR/1/70/2021/Edn.Accre., Dt.03.08.2023, "Student intake capacity of the accredited UG/PG/Ph.D degree programmes must be maintained as it is during the accreditation 8 period. Any increase in the student intake capacity during accreditation period without permission of National Agricultural Education Accreditation Board (NAEAB) will be liable to cancel the accreditation". The ICAR accreditation will be given based on a Self Study Report submitted by the Affiliated College through the University. The National Agricultural Education Accreditation Board (NAEAB) of ICAR grants accreditation wherein the academic activities of the College shall be evaluated by an external body, called as Peer Review Team, to determine if applicable standards recommended by the ICAR are met. It can be construed that during accreditation process, the permission of NAEAB is mandatory to increase intake capacity of seats. Hence, the approval of the Government as well as NAEAB permission is also required in this case.
10. Learned Standing Counsel further contended that the contention of the petitioner that ICAR fixed minimum intake capacity as 120 as per ICAR Model Act, 2023 is not correct. It is submitted that the minimum intake capacity of 120 seats is applicable to the newly successful accredited institutes only. The 9 current institutes for whom accreditation is under progress/given, NAEAB permission for the same is mandatory along with government permission. However, it is further submitted that the University did not adopt ICAR model act 2023 till date. It is also submitted that the students who completed the degree are denied opportunities for higher education (PG Studies) in other universities and for their employment. Even if the students of affiliated colleges under ANGRAU acquire ICAR ranks, they I were denied PG seats in ICAR accredited institutes due to non- accreditation of the colleges by ICAR in the previous academic years. Hence, the intake capacity cannot be increased keeping in view of the petitioner application for accreditation is under progress.
11. Learned Standing Counsel also contended that increase of intake of seats from 60 to 120 leads to extra burden on the part of the Government in terms of scholarships and other welfare schemes applicable to the students. He also submits that the norms prescribed by UGC as well as the ICAR shall be applicable and are interlinked with the increase in student intake in the 10 Constituent/ Affiliated colleges/ Universities. The permission of NAEAB is essential to increase the student intake due to interdependency of the standards with student intake.
12. Learned Standing Counsel also contended that the student intake capacity of the accredited UG/PG/Ph.D degree programme(s) must be maintained as it is during the accreditation period. Any increase in the student intake capacity during accreditation period without permission of National Agricultural Education Accreditation Board (NAEAB) will be liable to cancel the accreditation. Moreover, the petitioner did not apply for accreditation as required to grant any additional intake since the petitioner college is established in the year 2016. Therefore, the petitioner-college is not entitled for any additional intake and the writ petition is liable to the dismissed.
13. Coming to the contentions made by the learned Standing Counsel that petitioners has not submitted any application or representation for seeking additional intake is contrary to facts in hand. As per the material placed on record the petitioner institutions had submitted applications seeking enhancement of 11 seats after completion of four years of recognition. The allegation of the learned Standing Counsel that the petitioner is not paying salaries and allowances to the teaching and non-teaching staff as per clause 15(g) of the MoU is contrary to the evidence filed by the petitioner herein. The salaries, allowances and other emoluments to the teaching and non-teaching staff is being paid through the bank accounts only. He also denied the other contention of the learned Standing Counsel that the petitioner did not make any application to ICAR for accreditation and is contrary to the evidence filed since, the application had submitted by the petitioner is still pending for consideration before the respondent university. But contrary to the same, the 2nd respondent made a statement, as if, the petitioner has not at all submitted his application seeking accreditation. Therefore, the petitioner is entitled for additional intake as per clause 3(p) of Expression of Interest as well as minimum intake prescribed under revised Guidelines 2023 issued by the Higher Agricultural Educational Institutions in India.
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14. Having heard the submissions made by the learned counsel for the petitioner and learned Standing Counsel appearing for the respondent-university, on perusal of the material placed before this Court, it appears that the petitioner college had completed five years successfully as per the guidelines of Expression of Interest (EOI) as well as guidelines of the ICAR. It is a fact that the petitioner institution was permitted Under Graduation B.Sc (Hons.) Agriculture in the year 2016 with an intake capacity of 60 seats. As per clause 3(p) of Expression of Interest, the petitioner is entitled for additional intake after successful completion of five years. In view of the revised Guidelines for Higher Agricultural Educational Institutions in India, the minimum intake suggested by ICAR for the academic year 2023-24 is 120. Therefore, whoever, eligible as per EOI, 2016 they are entitled to have a minimum intake upto 120 seats in B.Sc (Hons.) Agriculture and B.Sc. (Hons.) Horticulture. Admittedly, the petitioner institution has completed five years successfully and is entitled for additional intake even as per clause 3(p) of expression of interest as well as minimum in take suggested by ICAR.
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15. The contention of the learned Standing counsel that as per their inspection, the petitioner institution has not complied with the clause 15 (p) and 15 (g) of MoU dated 03.03.2017 and the same is contrary to the evidence filed along with the present writ petition. The other query raised by the university that without there being any accreditation which is mandatory, the petitioner is not entitled for additional intake is not valid and liable to be rejected for the reason, the application of the petitioner dated 20.01.2023 to the ICAR and 02.11.2022 to the 2nd respondent herein are pending for consideration. As such, the 2nd respondent cannot ignore the application of the petitioner herein for accreditation.
16. The other contention of the learned Standing Counsel that the increase of intake of seats leads to extra burden on part of the Government in terms of scholarships and other welfare schemes applicable to the students is nothing but a statement on part of the 2nd respondent is irresponsible, irregular and without any sensitiveness towards academics as well as the future of the 14 students and contrary to the ICAR Revised Guidelines (Model Act), 2023.
17. Further, the 2nd respondent granted additional intake in favour of some other colleges namely Mekapati Gowtham Reddy college, Kurnool Government college, Mohan Babu University, Tirupathi, Bharatiya Engineering Science and Technology Innovation University, Anantapuram without there being any ICAR Accreditation in its favour, which is nothing but discrimination on part of the petitioner and also in violation of Article 14 of the Constitution of India.
18. For the reasons stated above, as per clause 3(p) of Expression of Interest dated 30.09.2016, and as per the revised ICAR guidelines, the petitioner is entitled for additional intake from 60 to 120 in B.Sc (Hons.) Agriculture on par with other institutions which were granted enhancement without there being any accreditation from ICAR. Moreover, as per the revised guidelines of ICAR the minimum intake in B.Sc (Hons.) Agriculture is 120. Every institution which completes five years continuously is entitled for minimum intake of 120 seats in B.Sc 15 (Hons.) Agriculture. Therefore, the petitioner is entitled for minimum intake of 120 seats as per revised ICAR guidelines 2023 for the academic year 2023-24 on par with other colleges, for which the 2nd respondent already granted additional intake of seats without there being any accreditation from ICAR.
19. As contended by the learned Standing Counsel that the Registrar of the 2nd respondent addressed a letter dated 06.10.2023 to the Department of Agriculture and Cooperation for enhancement of seats, in respect of one of the institution so far no approval was granted as of now, as such the enhancement of seats, as claimed by the petitioner, cannot be granted, is not valid and liable to be rejected, for the reason that the 2nd and 3rd respondents are the independent authorities as per the provisions of the University Act, 1963 or under the UGC Rules and Regulations. There is no requirement of approval from the Government for this University for granting additional intake/additional courses. Petitioner placed a record that the 2nd respondent/University enhanced the seats in respect of other institutions on the guise of Government Colleges/accredited 16 colleges. Therefore, the contentions of the learned Standing Counsel are hereby rejected. The other contentions of the learned Standing Counsel that, so far, the petitioners are not provided infrastructure facilities as well as teaching staff facility for granting additional intake is unacceptable or untenable, for the reason, that even though the petitioners submitted their applications seeking for enhancement of additional intake in the year 2022, as per the terms of Expression of Interest, but, the respondent-University sit over the matter since 2022, now after filing the Writ Petition the University without having any inspection, pursuant to the said application, the 2nd respondent cannot canvass that the petitioner institutions are not provided any additional infrastructure facility as well as qualified and required teaching staff.
20. Accordingly, the writ petition is allowed, directing the respondents herein to grant additional intake up to 120 seats in respect of the petitioner college, for the academic year 2023-24 at the earliest, subject to the compliance of other requirements, as contemplated under Rules and Regulations of the University. 17 Therefore, the respondent/University is directed to conduct counseling in respect of petitioner's college regarding the enhancement of seats/additional intake of 60 seats either in the ensuing counseling in this week or any other date as convenient to the University, after giving notice/publication to all stake holders, at the earliest, most preferably within a period not more than four (04) weeks from the date of the receipt of copy of this Order. Learned Standing Counsel is specifically directed to inform the Order of this Court to the respondents. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending shall stand closed.
_______________________________________ VENKATESWARLU NIMMAGADDA, J DATE: 11.10.2023 Note: Issue C.C by .10.2023 B/o LSP 18 17 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.25856 of 2023 Dated: 11.10.2023 Note: Issue C.C by .10.2023 B/o LSP