Allowed

Sampath Karthikeya Busa and another v. University Grants Commission (Ugc) and 2 others

Telangana HC7 Feb 2023WA/60/2023

Case brief

AI extract

What is this about?

This court allowed writ appeals against suspension orders imposed on law students by ICFAI University. The university suspended appellants alleging they assaulted a student involved in ragging. The court found the indefinite suspension harsh given the circumstances and directed the university to withdraw suspension and allow registration.

What did the court decide?

Direct ICFAI University to withdraw suspension imposed on 18.11.2022 and penalty imposed on 31.01.2023, declare third-semester results, and allow registration for fourth semester and participation in

Sampath Karthikeya Busa and another Vs University… — Service and Employment | Telangana HC (2023)

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[³³¹¹ ]

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HIGH COURT FOR THE STATE OF TELANGANA, AT HYDERABAD

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TUESDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND

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THE HON'BLE SRI JUSTICE N. TUKARAMJI

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WRIT APPEAL NOS: 60 AND 61 OF 2023

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wA NO.60 0F 2023:

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Writ Appeal under clause 15 of the Letters Patent. preferred Against the Order dated OSlO1l2023 in WP No. 42467 oI 2022 on the file of the High Court. Between:

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1 Sampath Karthikeya Busa, S/o. Shanmukha Kumar Aged about 19 years, Occ. Student, Enrollment No. 21FL1CHH010158, ICFAI Law School, R/o. 3154-25, Siddharatha Nagar, Vadlapudi, Visakhapatnam -530046, Presently residing in Hostel Room No. F-121 , ICFAI Foundation for Higher Education (IFHE), Donthanapally, Shankarpalli Road, Hyderabad

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2 Anurag Keshamouni, S/o. K Praveen Kumar Goud Aged about 19 years, Occ. Student, Enrollment No.21FL|CHH020047, ICFAI Law School, Day Scholar, Fi/o. Flat No.122, Godavari Block, Gharondha Chamundeswari Afartments, vsr' RTc cross Roads' Hyderabad ...AppELLANTS/wRrr^pETrroNERs

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AND

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1 University Grants Commission (UGC), Bahadur Shah Zafar Marg, New Delhi, 110002

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2 The ICFAI Foundation for Higher Education (IFHE), Hyderabad Donthanapally, Shankarpalli Road, H yderabad -501203, Telangana m d ntv

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The Reg IStrar, The ICFAI Foundation for Higher Educati on (IFHE), Hyderabad Donthanapally, Shankarpalli Road, Hyderaiiad -501203, Telangana tmreddy@icfaiuntveristy.^{i n}

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,..RESPONDENTS/RESPONDENTS

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lA NO: 2 oF 2023

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Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders made in W.P.No.42467 of 2022 dated 05-01-2023 and consequently permit the Petitioners for registration into Semester - lV and permit the Petitioners to attend the classes^pending disposal of the Writ Appeal

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lA NO: 3 OF 202i

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Petition un ier Section 151 CPC praying that in the circumstances stated in the affidavit filed i 1 support of the petition, the High Court rna / lre pleased to direct the Respondent N o.2 to permit the Petitioners for registration inio Semester lV and permit the Petitior ers to attend the classes pending disoosal o,' .he^y'Vrit Appeal Counsel for the I ppellants: SRI SUNIL B. GANU, SENIOR COUNS;EL FOR SRI PASHAM MOHITH

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Counsel for Respcndent No. 1: Ms. MEGHA RANI AGARWIT-

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Counsel for Resprndent Nos.2 & 3: SRI P. S. S. KAILASHN A'IH

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WA NO: 61 OF 20 13

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Writ Appeal under :lause^'15 of the Letters Patent preferred agai'rst the order dated O5/O112023 in W.P No. 42437 of 2022 on the file of theHighCotrrl

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Between:

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1 . Gaurav Dag a, Enrollment No.21 FL|CHH010148, S/o. E rijr;opal Daga, aged about 18 ye rrs Occ- Student, ICFAI Shankarpally, Hyde rabad, R/S. H.No.1624 Gulbarg r, Karnataka - 585102.

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Mahesh Pati , Enrollment 21 FL|CHH010111, S/o. Jyothirrr) Patii, aged about 18 years Oc:. Student, ICFAI Shankerpally, Hyderabad, R/o. H.No.18-5-1 1 Ramagundatr, Telangana - 505209

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...A''ELLANTS

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AND

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1 Government rf lndia Ministry of Education, Represented t 1, its Llnder Secretary to he Government, Sastry Bhavan New Delhi

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2 The Telangar ra State Council of Higher Education, Govt. c f^'l'elaagana rep. by its Secretary Mahavirmarg, Hyderabad 500 028

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3 lnstitute of Clrartered and Financial Accounting of lndia, F()rndal.ion for Higher Education (in short ICFAI), Donthanapally, Shankarpally Road, l-lyderabad collese, Dont rapally, Hyderabad 501203 represented Or,,r ,alg,l"J!To"o=*r"

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IAN :2OF 2 23

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Petition unde'Section 151 CPC praying that in the circumstarrces stated in the affidavit filed ir support of the petition, the High Court rnay be pleased to suspend the opera ion of the order dated 51112023 in W.P t1o.42437 of 2022 pending disposal of fiP

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lA NO: 3 OF 2023

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Petition unde Section 151 CPC praying that in the circu nstances stated in the affidavit filed in s upport of the^petition, the High Court may be, pleased to direct the respondent no. I to register the candidature of petilioners hr:reir for the 4th

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semester of BBA.LLB.(Hons.) within the stipulated date of registration^ie, 111112023, pending disposal of WA

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Counsel for the Appellants: Ms. M. SOWJANYA

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Counsel for Respondent No. 1: SRI GADI PRAVEEN KUMAR DEPUTY SOLICITOR GENERAL OF INDIA

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Counsel for Respondent No. 2: SMT. C. VANI REDDY

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Counsel for Respondent No.3: SRI P. S. S. KAILASHNATH

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The Court made the following: ORDER

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'l'Hu I ION'BLE THE CHIEF IUSTICE UIIAL E !IUYTN AND

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] T!E HON'BLE^SRI JUSTICE^N.TUK4B4!.II W.A.Nos.60 an<L6L of 2423

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COMMON JtlD G-t{IiNT, 4,r rle t Ian'bk rht ChieJ latiu Ujjat Bt,uyun)

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'lhis orcer u,ill dispose of writ appeal Nos.60 oi 2023 and 61 of 2023.

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\We have heard Mr. Sunil B. Ganu, leamed Ser ior Cbunsel for the appellants n W.ANo.60 of 2aD and lv{s. M.Sculan..a, leamed cotrnsel for the appellants in W.ANo .61 of 2023.

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'We have also heard Ilk. Megha Rani Agarwal, t:.,rmr:d counsel for University^(]rants C-ommission representing resp,rndent No.l in (.ANo.60 of^', AD and Mr. Kailashnath P.S.S.. leanre,l c,runsel for Institute of Chartered and Financial Accounting of In,lirr F,>undation for Ffigher E ]ucation (briefly 'ICFAI Universit r' ht:reinafter) represenring re! ponden$ No.2 and 3 ih \7.ANo.6() ,rf 2023 and respondent No..i in V.ANo.61 of 2023.

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4, We have also heard Mr. G.Praveen Kumar, learned Deputy Solicitor General of India for respondent No.1 in [.ANo.61 of 2023.

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These rwo appeals arise out of the common order dated 05.01.2023 passed by the leamed Single Judge disposing of W.P.Nos.42467,42437 and 43364 of 2022.

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V.ANo.60 of 2023 arises out of V.P.No.42467 of 2022 whereas \fl.ANo.51 of Z0Zl arises out of W.P.No.42437 of 2022.

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7 Appellants in both these appeals are students pursuing LLB course in ICFAI University. All the appellans had completed their third semester and are awaiting promotion to the fouth semester. Appellants were suspended by ICFAI University on the alleged ground of misconduct and indiscipline. An alleged incident of ragging that had taken place in the campus of ICFAI University t4rerein a first year law student was assaulted by a group of senior stude4ts from the business nunagement course.

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Victim ri the ragging incident lodged a c,rnrplaint before Shankaryalli P>lice Station on ll.ll.2O22 whereafter-Girne No.5O6 of ZOZZ was r:gistered under Sections 307,323, 450,342 and 506 read wth Sectrrn 149 of the Indian Penal Code, 18r,C (II,e as well as under Secti<,ns 4(r, (ii) and (iii) of the Telangana prohibition of Ragging Act,ll97.

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It appears that as a consequence to such locging of Crime No.5O6 of 202.', father of one of the accused in C-rrle No.506 of 2022 lodged a complaint before Shankaryalli police Sr:arion on 12.11-2a22 allep ing that appellanm herein had physrcally assaurted and injured his son and rwo of his friends. The r:omplainr was registered as Cri ne No.508 of 2022 under Sections 34.t-,32+ and 506 IPC

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In view c[ registration of Crime No.50g of 2C22, ICFAI University had i;sued orders of suspension against rhe appellans on 18.11.2a22 tnder Rule Z(iii) read with Rule 9 o[ the IFHE, Students' C-ondu r and Discipline Rules, 2Ol9 $neil1.^.the Rules, hereiyker).

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fusailing the suspension orders dated 18.11.2022, the related writ petitions came ro be filed. The writ petitions were contested by I CFAI Univenity on various grounds by f iling counter- affidavit.

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On consideration of the pleadings, leamed Single Judge framed the following two issues for consideration:

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1.^1ff/hether a writ petition under Anicie 226 of the Constitution of India is maintainable against a private educational institution u*rich is recognized as a deemed to be university by the Univenity Grants C-ommission ?

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{lhether respondent No.2 was justified in supending the students without following the principles of natural justice ?

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1.3. Insofar the fint issue is concemed, leamed Single Judge held that ICFAI Universityperforms public functioq effect of suspension of the appellants, &,ho are students of the said Univenity would directly affect their education; therefore, such suspension would involve a public law element. Accordingly, it was held that the writ petitions were maintainable. ,

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Regarding the second issue, learned Single Judge examined various provisions of the Rules and thereafter adverted to various

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judicial pK)n )uncements. Leamed Single Iudgr: obr;erved that appellants were sLrspended for an indelinite peri<rJ w,:rich entails seriotrs conser prences; therefore, such an actir>n wrruld be penal in naturc aud n ust perforce comply with the prin< iples of natural justice; suspe rsion cannot be for an indefinite oeriod without conduct of an :nquiry.

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Therefore, leamed Single Judge.disposed <,1: writ petition Nos.42467 oI .'a22 and 42437 o{ 2022 bydirecring I{-I'AI Univeniry to constiture r disciplinary committee and cond.rct enquiry by granting an cpportunity of hearing to the app,:lJ.rnts wherein appellants wou d be at libenyto take all available gror nds

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In so far the third writ petidon 2.e., \7.P.No.4- .lri4 ,:f 2022'ts concerned, sinc: ln appeal was alreadyfiled and was pt,ndrng before the Vice-Chanc:llor, the said appeal was directed to b't,. disposed of expeditiouslv. I lowever, the two appeals before us dc r'ot penain to or relate to W.P No.43364 of 2022.

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Not being fully satisfied with the order passed t,.r, the leamed Single Judge, apl,ellants have preferred these two writ appeals.

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karned Senior Counsel for the appellants vehemently argued that the process of admission and registration to the fourth semester of B.A,L.L.B., course had already commenced and therefore, continued susperxion of the appellans would deprive them from getting registered in the founh semester, which in tum will have a cascading effect on their academic career.

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In the hearing heid on fl.AL2l23,leamed counsel for ICFAI Universityhad submitted that last date for admission and registration to the fourth semester of B.A,L.L.B., course would not come in the way of registration of the appellanr in the event a favourable decision is rendered by the disciplinary committee, which was constituted on 10.01.2023 and had already staned conducting enqulry.

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In the course of hearing, it transpired that disciplinary committee had recommended continued suspension of the appellants till such time police submits final repon in Crime No.508 of 2022. Based on the report of the disciplinary commifiee, F6gistrar of^ICFAI Universiry passed orders^{dated 31.01.2023}

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imposing^()r r the appellants the penalry oi ;uspension from class/dcpartrrcr.rt/hostel/mess/library/lab or fr<,r.r.r availing any other laciliry Ln I(IFAI Llniversity in accordance ui h Rule 7 (iii) read wrth Itulc 9 of the l{ules until investigation is cc,rnpleted by the policc irr^(,rine No.508 of 2022 and chargc she,:t,/firal report is filcd.

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In tlrc I caring held on 02.02.2023, learned SerLror Counsel for

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thc appellants had drarvn the attention of thc^(-ourr t,-> the aforesaid orders dated i1.01.2023 whercaftcr this Court pit'ta fatie took the vicw that sucl ortlers are extremcly harsh ancl disprc,por:tionate. It was held as fo. [ows:

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Prima fa:ic, we feel that the aforesaid penalty rrppeats to be exremely h trsh and disproportionate. After all, 2"'r respondent is dealing with a group of students who wete admitted\ lot invoived in the offent e of ragging.^'Ihe allegation against them is

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that they ha<L assaulted the student who had indulged in raggrng.

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!7e are t rerelbre of the view that 2"d respondeli 2.e., ICFAI Foundation for Higher Education, Hyderabad rna r revrerv the penalty of su ;pension imposed on 31 01.2023.

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In any vie w of the matter, u/e may consider passinll eppropriate order on thc next date.

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List on 07 02.2023 on top of the list.

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In the hearing today, Mr. I{aiiashnarh.P.S,S., lcarned counsel for ICFAI Universiry submits that Court may pass such order as may be deemed appropriate in the facts and circumstances o[ the case.

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23.We have givcn our anxious consideration to the issue before us.

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As held by us in our order dated 02.02.2023, appellants before us are sudents; they were not involved in the incident of ragging. In fact thc allegation against them is that they had assaulted one of the student, who had indulged in ragyng of a freshcr. Hou,ever, thjs alleged incident of assauit had taken place outside the campus o[ ICFAI University.

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\X/hile it is true that srudents are required to maintain utmost discipline in academic institutions, at the same time the institutional authorities such as the ICFAI University have ro act as guardians of the srudents; tlre srudents being of an impressionable age, some infraction of disciplined life may take place in an academic campus (though in this case the incident happened outside the campus); the refore, the authorities are rcquired to act in a pragmzac manner.

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While upholdrng discipline in the campus, it must be ,:rrsured that the measures so taken are not excessive and rlispr<,portionate. Otherwise, it mav irrevocably damage the futr.rre prospects of a student. L-rde inite suspension of a student and mallrrg i: subjecr to submission of final repoft bythe police under Secti:rL i73(2) of the C-ode of Gimnal Procedure, 1973,in our opinion,^.r,ould not subserve the causr of iustice. More so, when the allege ri,tn against the appellants doe s not penain to commission of an y ragging on a fresheq rather they had allegedly assaulted a stulcnt, who had indulged in ra1;ging of a fresher. That being rhc, to:;irion, we are inclined to inte {ere in the matter.

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Accordin3ly, we direct ICFAI Universiry authorir.ies (i) to withdraw the s, rspension imposed on the appellans on 18.11.2022 as well as the l,unishments imposed on them t,ide tlr: orclen dated 31.01..2023; (ii) to declare the results of the appellan.s for the third semester of B A.,[,.L.B., cou6e withcjut any furtJrer clelay and depending upor the result of the said examinari:,r1, allow the appellants to egister themselves for the fourth :;enrester of B.A,I.L.B., course in the ICFAI Univenity (iii) and ccnsequentlF,

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to allow the appellana ro parcicipare in all the academic programs of ICFAI Universiry including rhose conducted in the meanwhile, pending classes/examin ations e tc.

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Needless to say, insofar Crime No.50g of 2O22pending on the file of shankalpallypolice Station is concemed, law will take its own course.

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Subject to the above directions, the Writ Appeals are allowed. No costs.

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fu a sequel, miscellaneous peritions, pending if any, stand

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closed.

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//TRUE COPY//

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t'^ 3o?'tfH'S'ti'*1'J

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\l l

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SECTION OFFICER

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To, The University Grants Commission (UGC), Bahadur Shah Zafar tvlarg, New Delhi, 1^'10002

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2 The ICFAI Foundation for Higher Education (IFHE), Hyderabad Donthanapally, Shankarpalli Road, Hyderabad -501203, Telangana jmreddy@icfaiuniversity. i n

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3 The Registrar, The ICFAI Foundation for Higher Education (IFHE), Hyderabad Donthanapally, Shankarpalli Road, Hyderabad -501203, Telangana

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4 The Secretary, Telangana State Council of Higher Education, Govt. of Telangana Mahavirmarg, Hyderabad 500 028

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1. One CC to Sri Pasham Mohith Advocate [OPUC] 6. One CC to Sri Gadi Praveen Kumar, Deputy Solicitor General(OPUC) 7. One CC to Sri P. S. S. Kailashnath, Advocate(OPUC) 8. One CC to Ms. M. Sowjanya, Advocate(OPUC) 9. One CC to Smt. C. Vani Reddy, Advocate(OPUC) 10 One CC to Smt. Megha Rani Agarwal, Advocate(OPUC) 11 Two CD Copies

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I- IGH COURT

HCJ
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NTR,J

DATE 0: 0710212023

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