Dismissed

Dr.Jyothirmayi Degree College, Behind A.P.H.B. Colony, v. The State of a.P., rep.by its Principal Secretary, Higher

Andhra Pradesh HC8 Feb 2024WP/23450/2017

Case brief

AI extract

What is this about?

Petitioner sought to prevent the third respondent from shifting their college, alleging violation of the A.P. Education Act. Court was informed that no permission was granted for the shift and the college was not in existence, rendering the petition infructuous, which was dismissed.

What did the court decide?

No order as to costs; pending miscellaneous applications closed.

Dr.Jyothirmayi Degree College, Behind… — Education and Admissions | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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FRIDAY, THE NINTH DAY OF FEBRUARY

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TWO, THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 23450 OF 2017

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Between:

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Dr.Jyothirmayi Degree College. Behind A.P.H.B. Colony. Ramjala Road, Adoni, Kurnool District, rep.by its Secretary & Correspondent Sri K.S.Murali Babu, S/o K.Rama Natham, aged about 48 years, R/o 2- 189/C, Opp.Adoni Arts & Science College, Adoni, Kurnool District.

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...PETITIONER

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AND

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The State of A.P., rep.by its Principal Secretary, Higher, Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P.

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The A.P.State Council of Higher Education, Rep,by its Secretary, Sree Mahendra Enclave, NRI Block (C Block), l&ll Floors. Opp.SBI, Adjacent to NH-16, Jadepalli, Guntur Dist.

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Sri Mahayogi Lakshmamma Degree College, Shilpa Soubhagya Nagar, Sadapuram Post, Adoni, Kurnool District, rep.by its Correspondent.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the Nature of Writ of Mandamus, declaring the action of the 3rd respondent in shifting the, College in Adoni is illegal, arbitrary^{andviolationofSec.20of} A.P.Education Act, 1982 and Rule-4 of Andhra Pradesh Educational Institutions, Establishment, Recognition, Administration and Control of Institutions of Higher Education Rules, 1987 and Article 21 of the Constitution of India, 1950, consequently direct the respondents 1&2 not to permit the 3rd respondent to shift the College to Adoni, Kurnool^District, LA. NO: 1 OF 2017(WPMP. NO: 28974 OF 2017) Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider the representation dt.0806-2017 submitted by the petitioner Institution to stop the shifting of respondent College to Adoni, Kurnool District, pending disposal of the Writ Petition,

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Counsel for the Petitioner: SRI. S A K MYNUDDIN

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Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION (AP) Counsel for the Respondent No.2: SRI. V KISHORE, STANDING COUNSEL

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The Court made the following Order:

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.23450 of 2017

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ORDER:

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following^relief:-

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“...to issue a writ order or direction more particularly^onein the Nature of Writ of Mandamus, declaring the action^ofthe 3^’^ respondent in shifting the College in Adoni is illegal, arbitrary and violation of Section 20 of A.P. Education^Act, 1982 and Rule-4 of Andhra Pradesh Educational Institutions, Establishment, Recognition, Administration and Control^of Institutions of Higher Education Rules, 1987 and Article²¹ of the Constitution of India, 1950, consequently direct^the respondents 1 & 2 not to permit the 3'-^ respondent to^shift the College to Adoni, Kumool District, and pass...”

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When the writ petition came up for admission, on 17.07.2017, this Court has directed the petitioner^totakeout personal notice on respondent No.3 and it is made clear that any admissions made shall be subject to result of the writ petition. The order dated 17.07.2017 is as follows:

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“Learned counsel for the petitioner is directed to^takeout personal notice to respondent No. 3 by registered post^with acknowledgement due and file proof of service into^Registry.

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It is made clear that any admissions made shall be^subject to result of the Writ Petition.”

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Today, when the writ petition came up for hearing,^learned Government Pleader for Higher Education has informed this

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Court that the competent authority has not granted any permission for shifting the 3^^ respondent college^and further stated that the 3'^'^ respondent College is not in^{existenceasof} today. In that view, the cause in the writ petition does not survive.

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