Allowed

Budumuru Srinu v. Andhra University

Telangana HC11 Dec 2018WP/33132/2018

Case brief

AI extract

What is this about?

The High Court allowed writ petitions challenging the cancellation of admissions by Andhra University's Executive Council. The Court held that cancelling admissions without a prior show cause notice violated the principles of natural justice, setting aside the impugned order but allowing the university to initiate fresh proceedings in accordance with law.

What did the court decide?

Impugned proceedings dated 08.08.2018 by Andhra University's Executive Council set aside. University allowed to issue notice and call for explanation.

Budumuru Srinu Vs Andhra University — Education and Admissions | Telangana HC (2018)

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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION Nos.33132 & 30955 of 2018

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ORDER:

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Since the cause of action in these two writ petition is one and the same, both are heard together and disposed of by way of this common order.

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An order passed by the Executive Council of the respondent university vide proceedings No.S.II(4)/922016/2016 dated 08.08.2018 is under challenge in the present writ petitions.

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By way of the said proceedings, the respondent university cancelled the admissions of the petitioners in these writ petitions along with certain others. The principal contention advanced by the learned counsel for the petitioners is that the questioned action is in patent violation of principles of natural justice as the same was not preceded by any show cause notice or any opportunity of hearing to the petitioners herein.

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On the other hand, learned Standing counsel for the respondent university Sri K.Jyoti Prasad submits that there is no illegality in the impugned action and having regard to the facts and circumstances of the case, the university had taken a decision to cancel the admissions.

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A perusal of the impugned proceedings shows that by referring to a number of proceedings including G.O.Rt.No.167 dated 05.10.2017, the Executive Council of the respondent university cancelled the admission of the petitioners herein into Ph.D course. The impugned proceedings does not indicate the issuance of any show cause notice prior to resorting to the impugned action.

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In the concerned opinion of this Court, the said action pointed out by the learned counsel for the petitioners is a patent violation of

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principles of natural justice. The respondent university should have issued notice to the petitioners to show cause before resorting to the impugned action. Therefore, the impugned proceedings are liable to be set aside on the said ground alone.

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For the aforesaid reasons, these writ petitions are allowed, setting aside the proceedings dated 08.08.2018 of the Executive Council of Andhra University. However, it is open for the respondent university to issue notice and call for explanation from the petitioners herein and to take further action strictly in accordance with law and petitioners are entitled to raise all the grounds available for consideration of the respondents. It is made clear that this order is confined only to the petitioners herein. There shall be no order as to costs.

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Miscellaneous Petitions pending consideration, if any, in these

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Writ Petitions shall stand closed.

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JUSTICE A.V.SESHA SAI

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Date :11.12.2018 dv

Budumuru Srinu v. Andhra University

Case brief

What is this about?

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Budumuru Srinu v. Andhra University

Case brief

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What did the court decide?

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