Allowed

Sahaya Institute of Advanced Studies in Education v. the State of Ap

Andhra Pradesh HC19 Mar 2024WP/7177/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a B.Ed college, directing the Acharya Nagarjuna University and concerned respondents to grant affiliation for the academic year 2023-24. The Court held that the University could not deny affiliation due to lack of government notification and must act upon the NCTE recognition.

What did the court decide?

Directed Respondents 4 and 5 to grant affiliation to the petitioner institution and complete the exercise prior to counselling. Miscellaneous applications closed.

Sahaya Institute of Advanced Studies in… — 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 TWENTIETH DAY OF MARCH 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: 7177 OF 2024

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Between:

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Sahaya Institute of Advanced Studies in Education, Rep by its Correspondent Smt. Busiraju Venkata Siva Naga Kusuma, Kotramangalam Village, Tiruchanoor Post office, Renigunta, Taluka, Tirupati City, Chittoor District, Andhra Pradesh.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep by its Special Chief Secretar, Higher Education Department Secretariat, Tullur, Velagapudi, Guntur District

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The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Rep by its Secretary, 3'^ 4'^ and 5*^ floors. Atmakuru (village), Mangalagiri (Mandal), Guntur District

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Acharya Nagarjuna University, Rep by its Registrar, Namburu, Guntur District, Andhra Pradesh.

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Acharya Nagarjuna University, Rep. by its Vice Chancellor, Namburu, Guntur District, Andhra Pradesh.

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Acharya Nagarjuna University, Rep by its Dean - College Development Council, Namburu, Guntur District, Andhra Pradesh.

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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 action of the Respondents more particularly 3, 4 and 5 in not granting affiliation for the academic year 2023- 24, despite collecting

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the affiliation fee on the ground that the Petitioner institution is not notified by the 1®* Respondent and thereby disabling the Petitioner to participate in APEDCET -2023 counselling as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of A.P. Universities Act and National Council for Teachers Education Act 1993 and consequently direct the Respondents 3 to 5 to grant affiliation to the Petitioner institution for the academic year 2023- 24 and issue such other writ or order or direction as deemed fit and proper in the circumstances of 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 writ petition, the High Court may be pleased to direct the Respondents 3 to 5 to grant affiliation to the Petitioner institution for the academic year 2023-24 as per the Section 16 of NCTE Act, pending disposal of the Writ Petition, in the interest of justice.

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lA NO: 2 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 wit petition, the High Court may be pleased to direct the 2^^ Respondent to permit the Petitioner institution to participate in the ensuing APEDCET - 2023 counselling, pending disposal of the Writ Petition, in the interest of justice and pass Counsel for the Petitioner: SRI MATHUKUMILLI SRI VIJAY

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Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent No.2: Ms. S.PARINEETHA,^SCFOR

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APSCHE

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Counsel for the Respondent Nos.3 to 5: SRI M. MURALI LINCOLN The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.7177 of 2024

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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 an appropriate writ more in the nature of Writ of Mandamus declaring action of the Respondents more particularly 3 4 and 5 in not granting affiliation for the academic year 2023 24 despite collecting the affiliation fee on the ground that the Petitioner institution is not notified by thelST Respondent and thereby disabling the Petitioner to participate in APEDCET 2023 counselling as being arbitrary illegal and violative of Articles 14 and 19 of the Constitution of India and violative of A P Universities Act and National Council for Teachers Education Act 1993 and consequently direct the Respondents 3 to 5 to grant affiliation to the Petitioner institution for the academic year 2023 24 and issue such other writ or order or direction as deemed ift and proper in the circumstances of case....”

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Heard Mr.Mathukumilli SriVijay, learned counsel for the petitioner, learned Government Pleader for Higher Education appearing for the respondent No.l, Ms.S.Parineetha, learned Standing Counsel appearing^forthe respondents 2 and Mr.M.Murali Lincon, learned Standing Counsel appearing for the respondents No.3 to 5.

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The case of the petitioner is that the petitioner ISi the B.Ed College offering various courses for the past many decades. The petitioner institution got recognition from the National Council for Teacher Education and i s running as per the regulations framed by the NCTE and the provisions of AP Universities Act without any deviations.

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Initially the recognition was granted at Chittoor District, which falls under ‘Sri Venkateswara University, Tirupati’. Thereafter the petitioner institution could not run

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the same at Chitoor District and subsequently applied for shifting permission before the National Council for Teacher Education from Chittoor District to Guntur District, which falls under jurisdiction of the 5th respondent University. The NCTE, granted shifting permission vide orders dated 23.01.2024.

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While

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so. on 24.01.2024 the petitioner institution approached the 5th respondent and requested to grant affiliation. But the University authorities informed that the petitioner institution i IS not notified by the 1 respondent and

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without such notification the University cannot grant

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affiliation.

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The grievance of the petitioner is that the provisions^of NCTE Act clearly mandates that the respondent University being an examining body, should grant affiliation as and when the NCTE grants recognition to any institution as per Section 16 of the NCTE Act. Despite the same, the petitioner approached the 1®^ respondent vide representation dated 29.01.2024, requesting the authorities to grant statutory permissions as insisted by the 5* respondent. The 1 St respondent vide letter dated 01.03.2024, addressed^the 2^'^ respondent and called for specific remarks with respect^tothe petitioner institution. The 2^^ respondent submitted its remarks to the l®t respondent on 07.03.2024 recommending the case of the petitioner institution for issuance of Government Order enabling the 5*^^ respondent University^to grant affiliation. But the same is pending before the 1^St respondent and no action is taken till date. Hence,^thewrit petition.

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f- •

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Learned counsel for the petitioner relied on Section 16 of the NCTE Act, which is extracted herein under:

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Affiliating body to grant affiliation after recognition

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or permission by the Council. -

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Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,-'-

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(a) grant afifliation, whether provisional or otherwise, to any institution; or

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[b} hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution,

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unless the institution concerned has obtained recognition from the Regional Committee concerned, under Section¹⁴ or permission for a course or training under section 15. ”

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Relying on the above provision, learned counsel for the petitioner would submit that as per Section 16 of the NCTE Act the 4* respondent University should not wait for any approval from the State Government and the University itself is competent to grant affiliation following the recognition granted by the Apex Body.

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Even Section 14 of the NOTE Act which deals with

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Recognition of institutions offering course or trainingⁱⁿ

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teacher education, is extracted as under: -

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"(1) Every institution offering or intending to offer^{acourseortrainingin} teaciier education on or after the appointed day, may,^{forgrantofrecognition} under this Act, make an application to the Regional^{Committeeconcernedin} such form and in such manner as may be determined by^regulations:

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Provided tint an institution offering a course or training in teacher education immediately before the appointed day, shall^{beentitledtocontinue} such course or training for a period of six months,^{if ithasmade anapplication} for recognition within the said period and until the^{disposaloftheapplication} by the Regional Committee."

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Learned counsel for the petitioner also relied on Section 19 of the Andhra Pradesh Universities Act, 1991 which^deals with Powers and Duties of the Board of Management.

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Section 19 (18) of the Andhra Pradesh Universities^Act, 1991, reads as under;-

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“The Executive Council shall be Executive Authority^of the University and shall have power, -

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(18) to grant recognition to the institution and oriental^colleges under conditions prescribed by Statues after consultation^with the Academic Senate and to suspend or withdraw such recognition after consultation with the Academic Senate-,”

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Learned counsel for the petitioner raised a ground^thata notification by the Government is not at all essential^as the Government does not have any role to play in granting affiliation to the colleges. But, however, it is for^{theuniversity} which is an autonomous body, to grant affiliation to the petitioner-College and the Government has no role.

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On the other hand, learned Government Pleader appearing for Higher Education submits that the respondents⁴ and 5 are the monitoring authority and fairly admitted^thatthe Government has no role to play on the issue.

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Considering the above submissions and in view of the above mentioned provisions of law, it is a fact that the petitioner-College submitted an application for grant of affiliation and also remitted the prescribed fee, despite the same. the respondents 4 and 5 cannot reject the grant of affiliation to the petitioner-institution on the ground^thatthe said colleges are not notified in the Government Orders,^andon the other hand as per Section 14 of the NOTE Act, it^isforthe University to grant such affiliation.

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Accordingly, the Writ Petition is allowed directing the respondents No.4 and 5 to grant affiliation to the petitioner institution duly taking into consideration the observations made as above. The said exercise shall be completed prior to conducting of counseling to the petitioner college.^Nocosts.

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

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//TRUE COPY//

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dev/ assistant SECTION OFFICER

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The^Special Chief Secretary, Higher Education Department,^Stateof Andiira-Pradesth-Secretariat, Tullur, Velagapudi, Guntur^District

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The Secretary, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, 3'^ 4*" and 5*" floors,^Atmakuru

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(village), Mangalagiri (Mandal), Guntur District

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The Registrar, Acharya Nagarjuna University, Namburu,^{GunturDistrict,} Andhra Pradesh.

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The Vice Chancellor, Acharya Nagarjuna University,^{Namburu,Guntur} District, Andhra Pradesh.

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The Dean - College Development Council, Acharya Nagarjuna University, Namburu, Guntur District, Andhra Pradesh.

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One CC to Sri Mathukumilli Sri Vijay, Advocate [OPUC]

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One CC to Ms. S. Parineetha, SC for APSCHE[OPUC]

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One CC to Sri M. Murali Lincoln, SC for ANU[OPUC]

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Two CCs to GP for Higher Education, High Court of^{AndhraPradesh.}

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[OUT]

Three CD Copies.

ssb

HIGH COURT

DATED:20/03/2024

ORDER

o£ I 7 AUG 202<i I
. Current Section .

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WP.No.7177 of 2024

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ALLOWING THE W.P. WITHOUT COSTS

Sahaya Institute of Advanced Studies in Education v. the State of Ap

Case brief

What is this about?

What did the court decide?

Sahaya Institute of Advanced Studies in Education v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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