Disposed

Anitha Venkateswara Rao D.El.Ed College v. the State of Ap

Andhra Pradesh HC10 Mar 2024WP/5732/2024

Case brief

AI extract

What is this about?

This disposition of a writ petition directed the School Education Commissioner to pass appropriate orders on the petitioner institution's affidavit representation dated 21.02.2024 seeking renewal of affiliation for the academic year 2023-24 to 2026-27 within two weeks, without delving into the merits of the case.

What did the court decide?

Direction to the Respondent No. 2 to pass appropriate orders on the petitioner's representation dated 21.02.2024 for renewal of affiliation within two weeks.

Anitha Venkateswara Rao D.El.Ed College Vs… — Education and Admissions | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5732 OF 2024

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Between:

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Anitha Venkateswara Rao D.EL.ED College, Rep by its Correspondent Smt. Govada Anitha Anugoluvari Street, Nazeerpet, Tenali Guntur District, Andhra Pradesh State -522201

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...PETITIONER

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AND

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The State of Andhra Pradesh, rep by its Special Chief Secretary, School Education Department Secretariat, Tullur, Velagapudi,^{GunturDistrict}

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The Commissioner of School Education, Government of Andhra Pradesh Venkatadri Towers, opp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur District, Andhra Pradesh-521456

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The Regional Joint Director of School Education Government,^of Andhra Pradesh Arundalpeta, Guntur, Andhra Pradesh-^522002.

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District Educational Officer, R AND B Quarters, Guntur District Andhra Pradesh.

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The National Council for Teacher Education Southern Regional Committee, Rep by its Secretary G-7, Sector 10, Dwaraka^NewDelhi- 110075.

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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 an appropriate writ more in the nature of Writ of Mandamus declaring the action on the part of 2 nd Respondent

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Commissioner in not considering the Petitioners application made on 21.02.2024 for renewal of affiliation to the Petitioner-Institut^ion for the academic year 2023-24 to 2026-27 despite payment of^{requisitefee,as} being illegal, unwarranted and violative of Articles 14 and 19 of the Constitution of India and against the principles of^natural justice and consequently direct the 2nd Respondent to consider the proposals submitted by the Petitioner institution on 21-02-2024^{andissuesuchother} writ or order or direction as deemed fit and proper^{inthecircumstancesof} case.

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lA NO: 1 OF 2024

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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 2 nd Respondent Commissioner to issue the orders of renewal of affiliation for the period 2023-2027 in respect of the PetitionerInstitution duly considering the proposal submitted by the Petitioner institution on 21-02-2024, pending Writ Petition, in the^{interestofjustice.} Counsel for the PetitioneriSRI. SRI VIJAY MATHUKUMILLI

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Counsel for the Respondents No. 1 to 4: GP FOR SCHOOL^EDUCATION Counsel for the Respondent No.5: SRI. VENNA HEMANTH^KUMARSC

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FOR NCTESRC

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The Court made the following: ORDER

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ORDER:

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The present Writ Petition came to be filed under Article²²⁶ of the

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Constitution of India seeking the following relief:-

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“...to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action on the part of 2"^ Respondent Commissioner in not considering the Petitioners application^madeon 21.02.2024 for renewal of affiliation to the Petitionerinstitution for the academic year 2023-24 to 2026-27 despite payment of requisite fee, as being illegal, unwarranted and violative of^{Articles14and} 19 of the Constitution of India and against the principles of natural justice and consequently direct the 2"‘^ Respondent^{toconsiderthe} proposals submitted by the Petitioner institution on^{21.02.2024...”}

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Heard learned counsel for the petitioner and learned Government Pleader for School Education appearing for the respondent^Nos.l to 4 and Sri Venna Hemanth Kumar learned counsel appearing for the respondent No.5.

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The case of the petitioner is that the petitioner-institution is offering Diploma in Elementary Education D.El.Ed. to the students of Tenali, Guntur District along with surrounding Districts and is recognized by the National Council for Teacher Education (NCTE) since 2016. The petitioner institution was established over a decade and the Government has granted affiliation which is being renewed from time to time on remittance of requisite fee. While the matter being so, the respondent No.4/the District Educational Officer made a complaint to the respondent No.5/NCTE alleging that the D.Ed. Colleges in the State have admitted the students against the Rules. Basing on the said complaint, the respondent^{No.5on05.10.2021} has withdrawn the recognition of the D.Ed. Colleges in the State, wherein the petitioner-institution is one among them. Challenging^the said orders

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dated 05.10.2021, the petitioner along with others filed W.P.No.7002 of 2022 and Batch, wherein this Court disposed the Writ Petition by setting aside the withdrawal orders dated 05.10.2021 and further directed the respondents to proceed in accordance with law for initiating any action against the colleges.

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It is further stated that, despite the orders of this Court the respondent No.2 did not issued any directions to the managements to apply for renewal of affiliation. Thereafter, the petitioner on 21.02.2024 after paying requisite fee of Rs. 1,00,000/-, has submitted a proposal to the respondent No.2 requesting to grant affiliation from^2023-24 to 2026-27. But the respondent authorities have informed the petitioner^{thatwithoutthe} orders of this Court, the respondents cannot consider the request of the petitioner. It is further stated that though the NCTE has granted the recognition to the petitioner-institution, the respondent^{authoritiesarenot} granting affiliation to the petitioner-institution and the respondent No.2 is not considering the proposal dated 21.02.2024 submitted by the petitioner. Aggrieved by the said action of the respondents, the present Writ Petition is filed.

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Today when the matter is taken up for hearing learned^Government Pleader for School Education has produced a copy of^{instructionsreceived} from the Commissioner of School Education, A.P., Amaravati vide Lr.Rc.No.ESE02-SPL/COURTCASE/2023-TRNG-CSE, dated 04.03.2024, wherein it is admitted that the petitioner has submitted a representation dated 21.02.2024 to the Commissioner of School Education and without

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giving a minimum time to the authority to take appropriate action for renewal of the affiliation to the petitioner-institution, the petitioner has filed the present Writ Petition. 6. In view of the instructioni submitted by the learned Government Pleader for School Education and without going into merits of the case, this Court feel it appropriate to direct the respondent No.2 to pass appropriate orders on the representation dated 21.02.2024, submitted by the petitionerinstitution seeking for renewal of the affiliation to the petitioner’s institution for the academic year 2023-24 to 2026-27 i - m accordance with law within a period of two (02) weeks from the date of receipt of a copy of the order.

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Accordingly, with the above direction. the Writ petition is disposed of There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

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PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY//

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SEC fficer

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To.

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1- The Special Chief Secretary. School Education Department, State of

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Andhra Pradesh, Secretariat. Tullur, Velagapudi, Guntur District

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The Commissioner of School Education, Government of Andhra

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Pradesh Venkatadri Towers °PP- DGP Office Besides Happy Resorts

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^makur, Mangalagiri, Guntur District, Andhra Pradesh-521456

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The Regional Joint Director of School Education Government of

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Andhra Pradesh Arundalpeta, Guntur, Andhra Pradesh- 522002.

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District Educational Officer

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R AND B Quarters, Guntur District Andhra

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Pradesh.

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The Secretary, National Council for Teacher Education Southern Regional Committee, G-7, Sector 10, Dwaraka New Delhi-110075.

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OneCC to SRI. SRI VIJAY MATHUKUMILLI Advocate [OPUC]

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Two CCS to GP FOR SCHOOL EDUCATION, High Court of^Andhra Pradesh. [OUT]

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One CC to SRI. VENNA HEMANTH KUMAR, Advocate SC FOR NCTESRC [OPUC]

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Three C.D.Copies

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HIGH COURT

DATED:11/03/2024

\ \

ORDER

WP.No.5732 of 2024

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DISPOSING THE WP

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WITHOUT COSTS

Anitha Venkateswara Rao D.El.Ed College v. the State of Ap

Case brief

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Anitha Venkateswara Rao D.El.Ed College v. the State of Ap

Case brief

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