Writ petitions by a B.Ed College challenging its disaffiliation and student transfer orders by the Osmania University. The court found no merit, dismissing the petitions.
Writ petitions dismissed; orders for disaffiliation and student transfer sustained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTI CE A.V.SESHA SAI
W.P.Nos.29214 and 32178 of 2018
COMMON ORDER:
Since the petitioner in both the writ petitions is one and the same and the contentions advanced are also the same, this Court deems it appropriate to dispose of these writ petitions by way of this common order.
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“1. As per NCTE Regulations, 2014, the college has to appoint Principal with Ph.D and (15) teachers through duly constituted Selection Committee and obtain University approval.
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examination fee, petitioner institution filed W.P.No.8861 of 2018 and this Court on 20.03.2018 passed the following order:
“Heard Sri K.Ravinder Reddy, learned counsel appearing for the petitioner, Sri Abhisek Reddy, Darned Standing Counsel for Higher Education appearing for the 2nd respondent, Sri Ch.Jagannadha Rao, learned Standing Counsel for the Osmania University and the learned. Government Pleader for Higher Education appearing for the 1st respondent. Perused the material record. Having regard to the facts and submissions, there shall be a direction to'. the 3rd respondent University to receive the examination fee from the petitioner's institution irrespective of expiry of the time limit, if any, for receipt of such examination fee and permit the petitioner's college students to appear for the examinations commencing from 22.03.2018, subject to the result of the writ petition and subject to the observations that such students, who appear for examinations, pursuant to these orders of this Court shall not be entitled to claim any equities in view of the permission now granted by this Court, as the permission is subject to the result of the writ petition.”
7. Pursuant to the above order, the respondent University received
the fee and directed the students to write examinations. Thereafter,
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complaining about the inaction on the aspect of affiliation, petitioner herein filed W.P.No.16226 of 2018 and this Court on 01.05.2018 passed
the following order:
"Notice before admission.
It is seen that petitioner College was issued with show cause notice on 25.09.2017 by the respondent University on the ground that it has violated certain university norms and it submitted explanation on 03.10.2017. It appears, no decision has been taken thereon.
In those circumstances and as the petitioner College was allotted students, the respondent University is directed to consider the reply furnished by the petitioner on 03.10.2017 pursuant to the show cause notice, dated 25.09.2017, and pass necessary orders, and communicate the same to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.
Post after Summer Vacation, 2018."
when the petitioner’s College was not included in the Inspection List for considering grant of extension of Provisional affiliation for the Academic year 2018-2019, I.A.No.2 of 2018 was filed and this Coiurt passed the following interim order on 05.07.2018:
“To include the name of the petitioner’s
college i.e., Rishi College of Education (B.Ed) into
Inspection List for considering grant of extension of Provisional Affiliation for the Academic year 20182019.”
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dis-affiliation of the college, as such, there can be no complaint of violation of principles of natural justice nor the same can be faulted; that there is no provision for revocation of disaffiliation orders and as such the question of re-inspection does not arise; that the writ petition is also liable to be dismissed on the ground of suppression of material facts that the petitioner herein filed I.A.No.2 of 2018 in W.P.No.16226 of 2018 on 05.07.2018 by conveniently suppressing the orders dated 02.07.2018; that after the dis-affiliation orders dated 02.07.2018, the students who are on rolls in the Second Year III Semester were transferred to other affiliated B.Ed Colleges vide orders dated 21.08.2018.
In reply to Clause 6 :
“The Inspection Team spoke to one school Principal Mrs.KUSUMA, who is newly appointed by Rishi Public School 15 Days back and has no knowledge of the B.Ed College and the running of classes in the premises and has given misleading statements to the team without knowledge of the
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facts. In fact the Rishi School is running 3km away from the B Ed College and since some construction work was going on there in the school premises, the school children were temporarily shifted as a stop gap arrangement to the B:Ed college premises, as the B.Ed College students along with all teaching staff were on teaching practice work in other schools 'where they were allotted. The school students were shifted to the B.Ed college premises because of this reason and most important to safe guard the school children for the physical safety and security from construction hazards in the school premises.
In reply to Clause 1 :
The College Name Board is prominently displayed on the college building and is available on the said pre'mises: A photograph of proof is enclosed with this letter.
In reply to Clause 2 :
The Rishi Public School students were in the B.Ed college premises as some construction work was going on there in the school premises as mentioned above and This was purely for the physical safety, and security of the school children and also s4lee the college premises was found available temporarily as the teaching staff and the students were on teaching practice in other schools and the principal was busy in monitoring their work.
In reply to Cause 3 :
All the teaching staff were allotted teaching practice work and the principal 'was busy monitoring the work of staff on teaching practice as per the scheduled
In reply to Clause 4 :
With reference to your notice we submit to you that all the labs and library are available and we are enclosing the detailed photographs of the same for your perusal.
In reply to Clause 5 :
Rishi College of education is functioning in the same premises since 2008 at Bairagiguda where NCTE/ University had sanctioned the college. The management requests you to kindly condone the above and sympathetically consider to encourage the college as it has not flouted any norms wantonly. We look forward to your kind consideration and favorable action in this regard.”
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17. According to the counter affidavit, the Committee consisting of the
following seven members was constituted:
held on 17.01.2018 to examine the explanation of the petitioner and the
minutes of the said meeting read as under:
“The Committee constituted to examine the explanation submitted by the management of Rishi College of Education, Bairagigud, R.R.Dist dt.03-102017, in response to the Show-Cause issued on 25th September, 2017 has discussed the matter thoroughly and made the following observations--
Reply to Observation 1 is false
Reply to Observation 2: As per NCTE Regulations, 2014 a School cannot be run in the B.Ed College premises. No traces like, teachers, students, library, college furniture were found in Rishi college of Education which is officially designated premises.
Reply to observation 3 is false. As per the B.Ed revised Almanac for 2016-18, theory classes are to be conducted from 12th September, 2017 onwards.
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Reply to observation 4 is false, as it is evident from the photos taken on the day of Surprise visit by the University Inspection Committee i.e on 16-09-2017 that Rishi College of Education is not existing in the sanctioned premises_
Reply to observation 5 is false as there are no traces of existence of Rishi college of Education in the premises .
Reply to observation 6, the Correspondent of Rishi College of Education, has agreed that Rishi Public School classes are running in the premises of B.Ed College.
In view of the above, there is dear evidence that, Rishi Public School was functioning in the Rishi College of Education, which is gross violation of Osmania University norms and NOTE Regulations, 2014. Therefore, the Committee, concluded that Rishi College of Education is not existing in the sanctioned premises and college is existing only on paper. Through the explanation submitted, the management of the College has tried to mislead the University by submitting wrong, false and malicious information.”
The Committee has therefore recommends for disaffiliation of Rishi College of Education, Bairagiguda, R_R_Dist. (2499) with immediate effect.”
“Item No.10. Affiliation - Rishi College of Education, Bairagiguda, R.R. Dist. - Surprise visit of Inspection Committee - Certain irregularities observed Issue of Show Cause Notice - Explanation of the Management -Constitution of Committee - Recommendations of the Committee -Consideration of. Resolved to:
i. Approve the recommendations of the committee for disaffiliation of Rishi College of Education, Bairagiguda, R.R.Dist (2499) with immediate effect.
ii. Ratify the action taken by the University in permitting the students to appear for the B.Ed 1st semester examinations 2017-2018,
iii. Transfer the lst semester / 3rd semester students to other colleges to continue their further studies.”
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______________ A.V.SESHA SAI, J
Date: 11.12.2018 grk
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THE HON’BLE SRI JUSTI CE A.V.SESHA SAI
W.P.Nos.29214 and 32178 of 2018
11.12.2018
Grk/da
Rishi College of Education
Osmania University
A.V.Seshasai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
