Disposed

B R College of Education (D.Ed), v. The State of Andhra Pradesh

Andhra Pradesh HC10 Mar 2024WP/5768/2024

Case brief

AI extract

What is this about?

Petitioner college challenged non-renewal of affiliation for 2022-23. Court examined matter based on new instructions indicating proposals were received. Ordered Commissioner to grant affiliation in accordance with law within two weeks.

What did the court decide?

Direction to the 2nd Respondent to grant renewal of affiliation to the petitioner institution within two weeks.

B R College of Education (D.Ed), Vs The State… — Service and Employment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (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

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WRIT PETITION NO: 5768 OF 2024

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Between:

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B. R. College of Education (D.Ed), Rep by its Correspondent^{Sri.BatchuSreenivasa} Rao Narasipatnam, Anakapalle District (Erst While Vishakapatnam District) Andhra Pradesh State -531116.

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...PETITIONER

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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^{ofAndhraPradesh} Venkatadri Towers, 0pp. DGP Office Besides Happy Resorts, Atmakur, Mangalagiri, Guntur District, Andhra Pradesh-521456

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The Regional Joint Director of School Education Zone -1, Srinivasa Nagar, Madhurawada Visakhapatnam, Andhra Pradesh 530048.

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District Educational Officer, Vishalakshi Nagar, Vishakapatnam Andhra Pradesh - 530045

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The National Council for Teacher Education, Southern Regional Committee Rep by its Secretary G-7, Sector 10, Dwaraka New Delhi-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^{ofWritofMandamus} declaring the action on the part of 2nd Respondent Commissioner in not granting renewal of affiliation to the Petitioner-Institution for the academic year 2022-23, despite the recommendations of the 3^^* Respondent in requisite format, 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 2 nd Respondent to consider the proposals of the Petitioner^institution.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2"'^ Respondent Commissioner to issue the orders of renewal of affiliation for the period 2022-23 in respect of the Petitioner-Institution duly

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I It i;

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rd 16-11-2023, Respondent on

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'■ considering the proposal by the 3 pending Writ Petition, in the interest of justice.

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; SRI SRI VIJAY MATHUKUMILLI

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Counsel for theP^titioner '• r’;.

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; GP FOR SCHOOL EDUCATION

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Counsel for the Respondent Nos.1 to 4

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. HEMANTH KUMAR, SC FOR NOTE Counsel for the Respondent No.5 ;SRI V

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The Court made the following: ORDER

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APHC010107392024 COURT OF ANDHRA PRADESH IN THE HIGH at amaravati 0^0 (Special Original Jurisdiction) 0'

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[3333]

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MONDAY THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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SMT JUSTICE V.SUJATHA THE HONOURABLE

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WRIT PPTTTTON NO: 5768/2024

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Between: B R College Of Education (d.ed),

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...PETITIONER

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AND

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Of Andhra Pradesh and Others The State

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...RESPONDENT(S)

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Counsel for the Petitioner:

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l.SRI VIJAY MATHUKUMILLI

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Counsel for the Respondent(S):

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SCHOOL EDUCATION l.GP FOR GOVERNMENT COUNSEL) HEMANTH KUMAR(CENTRAL 2. VENN A

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The Court made the following:

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ORDER:

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

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“ to issue an appropriate writ more in the nature of^{Writof Mandamus} declaring the action on the part of 2"^ Respondent^{Commissionerinnotgranting} renewal of affiliation to the Petitioner-Institution^{fortheacademicyear2022-23,} despite the recommendations of the 3^^ Respondent in^{requisite format,asbeing} illegal, unwarranted and violative of Articles 14 and^{19oftheConstitutionof} India and against the principles of natural justice^{andconsequentlydirectthe} Respondent to consider the proposals of the Petitioner^{institution...”} 2. 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^{therespondent} No.5.

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The case of the petitioner is that the petitioner-institution^isoffering Diploma in Elementary Education D.Ed. to the students^{ofNarsipatnam,} Visakapatnam 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^{andtheGovernment} 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^{totherespondent} No.S/NCTE alleging that the D.Ed. Colleges in the State^{haveadmittedthe} students against the Rules. Basing on the said complaint,^{therespondent} No.5 on 05.10.2021 has withdrawn the recognition of^{theD.Ed.Collegesin}

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the State, wherein the petitioner-institution i IS one among them. Challenging the said orders 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 issue any directions to the managements to apply for renewal of affiliation. Thereafter, the petitioner after paying the requisite fee of Rs. 1,00,000/-, has submitted a proposal to the respondent No.3 requesting to grant affiliation from the academic year 2022-23. Thereafter, the respondent No.3/RJDSE, has conducted inspection to the petitionerinstitution and forwarded the proposals of the respondent No.2 on 19.08.2023. Having received the proposals dated 19.08.2023, the respondent No.2 issued a memo vide No.ESE02-22023/25/2023-TRNG CSE, dated 08.11.2023, directing the respondent No.3 to rectify certain defects and resubmit the proposals again on or before 10.11.2023 In pursuance to the said memo dated 08.11.2023, the respondent No.3 has forwarded the proposal again along with the checklist and other documents in proper manner to the respondent No.2. It is further stated that though the NCTE has granted the reeognition to the petitioner-institution, the respondent University ,s not granting affiliation to the petitioner-i-institution and the respondent No.2 ISi not considering the proposal forwarded by the respondent No.3 for grant of affiliation to the petitioner institution for the

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of the respondents, the 2022-23. Aggrieved by the said action academic year Writ Petition is filed. present

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for hearing learned Government when the matter is taken up 5. Today of instructions received Education has produced a copy Pleader for School of school Education, A.P.. Amaravati vide from the Commissioner -TRNG-CSE, dated 04.03.2024, Lr.Rc.No .ESE02-SPL/COURTCASE/2023 of School Education, A.P., stated that the Commissioner wherein it is in respect of all the considering all the applications Amaravati, has been action. It is in the State and are taking appropriate private B.Ed. colleges m - has already of School Education further stated that the Commissioner of School Education, Regional Joint Director received proposals from the vide letter RJDSEPUAI0EI(V1) / 1/2023-RJD-VSP-CSE, Visakhapatnam .2023 regarding renewal of affiliation in respect of dated 19.08.2023 & 16.11 onsidered and appropriated action will the petitioner’s college and it will be c the existing norms. be initiated as per

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/ /

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the learned Government submitted by 6. In view of the instruction Pleader for School Education and without going into meritsits of the case, this No.2 to take appropriate Court feel it appropriate to direct the respondent -institution seeking ion submitted by the petitioner action on the representation s institution for the academic of the affiliation to the petitioner’ for renewal with law within a period of two (02) weeks from 2022-23 in accordance year 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.

//TRUE COPY//

To.

SECTION OFFICER

T The SECTION OFFICER 2 mfr Department state of Andhra ' 5°"''rt'ssfonerofSchnnic®l®®®'’‘'‘''' Qart'rtr District,

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e G-7. Secito/ Teacher Education, Southern Regional fOUTJ

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HIGH COURT

DATED:11/03/2024

ORDER

WP.No.5768 of 2024

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DISPOSING OF THE W.P. WITHOUT COSTS

B R College of Education (D.Ed), v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

B R College of Education (D.Ed), v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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