Dismissed

Shaida Moula D.Ei.Ed College v. the State of Ap

Andhra Pradesh HC20 Feb 2024WP/672/2019

Case brief

AI extract

What is this about?

In an academic year 2024, the High Court of Andhra Pradesh Amaravati disposed of Writ Petition No.672 of 2019 filed by several Educational Institutions. The petitioners sought to renew their college affiliation for four years without obtaining a Fire No Objection Certificate, citing previous court orders. The Court found the issue covered by an earlier decision and directed the respondents to comp

What did the court decide?

The writ petition was disposed of by applying the order passed in W.P.No.41362 of 2022; there shall be no order as to costs.

Shaida Moula D.Ei.Ed College Vs the State of… — 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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WEDNESDAY .THE TWENTY FIRST 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.SUJATHaX

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WRIT PETITION NO: 672 OF 2019

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Between:

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M/s Shaida Moula, D.EI.ED College, Plot No.259/1, Street No.1. Darsi Village and Mandal, Prakasam District Rep. by its Secretary & Correspondent, Mr. Shaik Ismail.

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M/s Sri Baiaji D.Ed., College, Plot No.82, Kanigiri Village and Post, Kanigiri Taluk, Prakasam District -523230.Rep. by its Secretary & Correspondent. Mr.V.Sreenu.

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M/s. Kalam D.Ed. College, Plot No.819/2A, Kasipuram Village, Kanigiri Revenue Village, Prakasam District- 523 230. Rep. by its Secretary & Correspondent, Mr.SyedShowkath Hussain.

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M/s Vijetha D.Ed., College, Plot No.492 and 493, Plot No.1-271/4, Somarajupalli Village, Singarayakonda, Prakasam District, Rep. By its Correspondent, Mrs. S.V.Bhagyalakshmi.

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M/s. Boda Prasad College of Education, Khasra No.51/2, Chilakapadu Village, Pamur Post, Taluk & City, Prakasam Dist - 523 108, Rep. by its Correspondent, Mr.Malapati Lakshmaiah.

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...Petitioners

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AND

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The State of Andhra Pradesh, rep.by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi,^Guntur District.

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The Commissioner, School Education, Ibrahimpatnam, Vijayawada, Krishna District.

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The Director, The State Council for Education Research and Training Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna^District. .,4. The Director General, State Disaster Response & Fire Service, Vijayawada, Krishna District, A.P.

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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, to declare the action of the respondent No. 3 in insisting to obtain Fire No Objection Certificate from the 4‘^ respondent is illegal, arbitrary, contrary to the provisions of^{A.P.FireServicesof1999} and contrary to the guidelines of National Building^CodeAct2016 and violative of principles of natural justice, consequently direct the respondent No.2 and 3 to issue renewal of affiliations for the petitioners institutions for further period of four years from 2018-19 to 2021-22 having already received the requisite affiliation fees, without insisting Fire No Objection Certificate from the 4‘^ Respondent.

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lA NO: 1 OF 2019

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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 respondent No.2 and 3 to issue^{renewalofaffiliations} for the petitioners institutions for further period of four years from 2018-19 to/^21-22 having already received the requisite affiliation^fees,without insisting Fire No Objection Certificate from the 4‘^ Respondent.

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Counsel for the Petitioner

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Counsel for the Respondents

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: Sri Satta Vijay Kumar

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: GP for School Education (AP)

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The Court made the following:

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APHCni0015l92019

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

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[ 3333 ]

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WEDNESDAY ,THE TWENTY FIRST DAY OF FEBRUARY 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: 672 OF 2019

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Between:

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SHAIDA MOULA D.EI.ED COLLEGE

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...PETITIONER(S)

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AND

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THE STATE OF AP AND OTHERS

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...RESPONDENT{S)

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Counsel for the Petitioner(s):SRI. B CHANDRASEN REDDY

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Counsel for the Respondents: GP FOR SCHOOL EDUCATION^(AP)

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The Court made the following:

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ORDER:-

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This 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^oneinthe nature of writ of Mandamus to declare the action of^{therespondentNo} 3 in insisting to obtain Fire No Objection Certificate^from the 4th respondent is illegal arbitrary contrary to the provisions^ofAPFire Services of 1999 and contrary to the guidelines of^{NationalBuilding} Code Act 2016 and violative of principles of natural justice CO nsequently direct the respondent No 2 and 3 to issue^renewal of affiliations for the petitioners institutions for further^period of four years from 201819 to 202122 having already received^therequisite affiliation fees without insisting Fire No Objection^{Certificatefromthe} 4th Respondent and to pass... '’

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Heard Sata Vijay Kumar, learned counsel for the petitioners^and

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learned Government Pleader for School Education for the respondents.

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On 29.01.2019, this Court grauted the following interim^order:

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W.P.No.672 of 2019

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Rule nisi. Call for records.

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Notice returnable in four (4) weeks.

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I.A.No.l of 2019

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Heard the learned counsel for the petitioners. Though^notice is served, learned Government Pleader for School Education is not present.

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The grievance of the petitioners is that respondent No.3 is insisting to obtain Fire No Objection Certiifcate from respondent No. 4, which is illegal and arbitrary, contrary to the provisions of the A.P. Fire Services of 1999 and contrary to the guidelines of National Building Code of India, 2016 and also violative of principles of natural justice.

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Therefore, the petitioners sought for a direction to respondent Nos. 2 and 3 to issue renewal of afifliations for the petitioner’s institutions for a further period of four years from 2018-2019 to 2021-2022.

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Learned counsel for the petitioners submits that the requisite affiliation fees has already been paid by the petitioners and in spite of the same, respondent No.3 is insisting to obtain Fire No Objection Certiifcate from respondent No. 4. Learned counsel for the petitioners submits that in similar circumstances, in I.A.No.l of 2018 in W.P.No. 15678 of 2018 and ' W.P.No.20624 of 2018, this Court granted interim direction to the respondents therein to collect affiliation fee from the petitioners’ institutions for four years for the petitioners’ existing colleges, as per G.O.Ms.NO.18, School Education (PE-Prog.II) Department, dated 14.05.2014, for the academic years from 2018-2019 to 2021-2022, without insisting upon Fire No Objection Certiifcate from respondent No. 4 therein provided the buildings in the premises of the respective

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institutions are below 15 meters of height as per the National Building Code of India, 2016. In view of the orders passed by this Court earlier, the present writ petition is covered under the same interim orders.

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Hence, there shall be interim direction to the respondents accordingly.

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During hearing, learned Government Pleader for School Education as well as learned counsel for the petitioners^wouldsubmit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in W.P.No.41362 of 2022, dated 31.01.2024, wherein a learned single Judge of this Court passed a detailed Common Order. Operative portion of the said^orderreadsas under:

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In view of the above contentions, this court feels it appropriate to dispose of the Writ Petition directing the 2"'^ respondent to conduct an enquiry as to the height of^{thepetitioner’s} College Building and pursuant to the result of the^{saidenquirythe} respondents are at liberty to take appropriate action^asrequired under the law. The entire process shall be completed within a period offour (04) weeks from the date of receipt of a copy of the order”

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In view of the same, for the reasons alike in the aforesaid^order. this Writ Petition is also disposed of in terms of^the order dated 31.01.2024 passed by this Court in W.P.No.41362 of^2022. There shall be no order as to costs.

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Registry is directed to attach the copy of the order dated 31.01.2024 passed by this Court in W.P.No.41362 of 2022 to this order.

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As a sequel, miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed.

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SDI- K. KASIRAO ACHARI //TRUE COPY// ASSISTANl^EGISTRAR SECT! FICER

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To,

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The Principal Secretary, State of Andhra Pradesh, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Commissioner, School Education, Ibrahimpatnam, Vijayawada, Krishna District.

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The Director, The State Council for Education Research^and Training, Anjaneya Towers, Ibrahimpatnam, Vijayawada,^Krishna District.

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The Director General, State Disaster Response & Fire Service, Vijayawada, Krishna District, A.P. (Addressee nos.1 to 4 by RPAD)

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One CC to Sri Sata Vijay Kumar, Advocate [OPUC]

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One CC to Sri B Chandrasen Reddy, Advocate [OPUC] 7. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT]

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(along with a copy of the order dated 31.01.2024 in

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W.P.No.41362of 2022)

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Two CD Copies

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cvss

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THE HONOURABLE SMT JUSTICE V. SUJATHA

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WRIT PETITION NO.41362 OF 2022

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ORDER:

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This Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:

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“to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaririg the action of the 2"^ respondent in insisting the petitioner to obtain^FireNo Objection Certificate from the Fire Department as illegal, arbitrary, contrary to the provisions of the A. P.^FireService Act, contrary to the National Building Code-2016 and in violation of Articles 14 and 19(l)(g) of the Constitution of India and consequently direct the respondents to renew^the permission/affiliation of the petitioner college by receiving the requisite affiliation fees without insisting ifre no objection certificate from the Fire Department.. ”

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Heard learned counsel for the petitioner and learned^counsel

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appearing for the respondents.

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The case of the petitioner is that the petitioner has^obtained permission from the respondent/Government and from^the 2"'^ respondent-intermediate Board to impart intermediate^education, from the academic year 2005-2006 vide proceedings dated 03.05.2006; thereafter, the 2"^ respondent-Board has been renewing the affiliation of the Petitioner’s college^{fromtimetotime.} The petitioner subrnitted proposals for renewal of^{recognitionby}

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paying requisition fee vide bank challan dated 03.10.2022 and said proposals were orally rejected by the 2"^ respondent stating that the petitioner has to submit Fire NOC from the Fire Department. Challenging the same, present Writ Petition is filed.

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At the time of admission, on 22.12.2022 this court passed the following interim order;

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Having regard to the facts and circumstances of the case and also the interim orders, dated 19.04.2018passed hy^thisCourtⁱ n W.P.No. 13571 of 2018, there shall be an interim direction to the 2-^ respondent to issue renewal of afifliations for the petitioner’s institution after receipt of requisite payment of the applicable affiliations fee without insisting ‘For No Objection Certiifcate” from the 3^^ respondent provided the building in the premises of the petitioner’s institution are below 15 meters of height as per the National Building Code of India, 2016.

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On the other hand, the respondents 2 and 3 filed their detailed counters, relying on Section 13 of the Andhra Pradesh Fire Services Act, 1999.

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For better appreciation. Section 13 of the Andhra Pradesh Fire Services Act, 1999 which deals with “Issue of No Objection Certificate”, is extracted herein under:

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Section 13: Issue of No Objection Certiflcate:-

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(1) Any person proposing to construct a building of more than

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15 meters height for commercial / business purpose, 18 meters

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and above height for residential purpose, and Buildings of public congregation like schools, cinema halls, function^halls, religious places, which are more than 500 sq. Meter^inplotarea or 6 meters and above in height shall apply to the Director General or any member of the service duly authorized^byhimin this behalf, before submission of such building plans to the authority or officer competent to approve the same^underthe relevant law, for the time being in force, for a no^objection Certificate along with such fee as may be prescribed”

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(2) The Director General or any member of the service^duly authorized by him in this behalf, shall within sixty^daysof receipt of such application, on being satisfied about the provision of fire prevention and safety measures as^stipulatedin the [National Building Code of India, as amended from^timeto time] or any other law for the time being in force^{regulatingsuch} purpose or activity, shall issue a no objection certificate with such conditions as may be considered necessary and^ifhotso satisfied, reject the same for reasons to be recorded^inwriting. (3) The authority or officer competent to approve the^building plans before construction under the relevant law for^thetime being in force, shall not accord such approval except on production of a no objection certificate issued under^sub-section (2) wherever required. (4) Any person violating the conditions of a no objection certificate shall be liable to be proceeded against^under the provisions of this Act. ” 7. In view of the said provision, Mr.N.Raja Rajeswara^Reddy, learned Standing Counsel appearing for the respondent submits that the management of the Educational Institutions are

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required to obtain No Objection Certificate from the Fire Service Department, if the area of building is more than 500^Sq.Metersin plot area or 6 Meters and above in height; there is^{noprovisionfor} any relaxation so as to compromise on the issue of^fire safety in respect of the buildings of Public congregation in general and the Schools in particular, ivhere children pursue their^{educationinthe} environment of safety.

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Today when the Writ Petition came up for hearing, learned counsel for the petitioner has stated that the height of petitioner’s Building is below 06 Meters, as such No Objection Certificate is not required for the renewal of the petitioner-College. However, the same is disputed by the learned Standing Counsel appearing for the 2"'^ respondent.

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In view of the above contentions, this court feels it appropriate to dispose of the Writ Petition directing the 2"*^ respondent to conduct an enquiry as to the height of the petitioner’s College Building and pursuant to the result^ofthesaid enquiry the respondents are at liberty to take appropriate^action as required under the law. The entire process shall be completed within a period of four (04) weeks from the date of receipt of a copy of the order.

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