IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16526 of 2008 Between: 1 Telangana Private B.Ed. & D.Ed., Colleges Managements Association, (Regd No. 898/2007) H. No. 3-5- 926/15/A, Road No. 5 Narayanaguda, Hyderabad rep by General Secretarty Mr. Talla mallesham S/o Sri Narsaiah aged 51 years R/o Hyderabad. 2 Einsten Instiute of Techer Training, Nadergul, Saroornagar Mandal Ranga Reddy District rep by its Correspondent Mr. K. Parthasarathi S/o Sri Subba Rao aged about 50 years ..... PETITIONERS AND 1 The Government of A.P., rep by its Principal Secretary Education Department Secretariat, Hyderabad. 2 The Director of School Education, Government of A.P., Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an order direction or Writ particularly one in the nature of writ of Mandamus or any other appropriate Writ declaring the Memo No. 10652/Trg/A1/2008 dated 22-7-2008 in rejecting the request of the petitioner association for issuing a common orders permitting managements of private D.Ed/LPT Colleges to ﬁll up the vacant seats through spot admission as illegal, arbitrary and irrational and consequently direct the respondents to permit all the managements of private D.Ed/LPT colleges to ﬁll up seats which remained unﬁlled after DIETCET Counseling in their colleges though spot admissions and pass such further order or orders in the circumstances of the case. Counsel for the Petitioners: MR.G.VIDYASAGAR Counsel for the Respondents: GP FOR EDUCATION The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are 2 in number, with a prayer to issue an order, direction or writ, particularly one in the nature of writ of Mandamus, declaring Memo.No.19652/Trg/A1/2008, dated 22.07.2008, issued by the Principal Secretary to Government, Education Department, Govt. of A.P., Hydearbad, in rejecting the request of the petitioner Associations for issuing a common order permitting managements of Private D.Ed/LPT colleges to ﬁll up the vacant seats through spot admission as illegal and arbitrary. 2. 1st Petitioner is the Association of Telangana Private B.Ed. & D.Ed. College Managements. 2nd petitioner is the Institution imparting teacher training course. When there are number of left over seats in D.Ed. course, a representation was made to the Government to issue comprehensive order permitting the managements to ﬁll-up the left over seats. The text of the representation submitted to the Secretary, Govt. of A.P., School Education Department, Hyderabad, by the Telangana Private B.Ed. & D.Ed. College Managements Association reads as hereunder: “We the Management Association of B.Ed. & D.Ed. Colleges submit the following for your kind consideration. After the II phase counseling nearly 2,600 seats are kept unﬁlled. We have already submitted a representation on 16.06.2008 seeking permission from the Government to ﬁll up the said vacancies by the concerned managements, as it is done in case of Engineering, Pharmacy and B.Ed. courses. But so far we did not receive any orders in this regard. In other hand the school education authorities are insisting us to make individual applications with out assigning any reasons. Nearly 160 colleges are included in counseling. It is not proper to make individual applications by all the 160 colleges instead of issuing common order. As the issue is related to common and any guidelines issued are applicable to all. Therefore we request you kindly issue common orders applicable to all the Colleges, by ﬁxing time limit, otherwise, it will create confusion and unnecessary problems.” The Government considered the representation of the Telangana Private B.Ed. & D.Ed. Colleges Managements Association, dated 14.07.2008, and proceeded to issue Memo.No.19652/Trg/A1/2008, dated 22.07.2008, wherein it is stated that the Government have already issued orders permitting the managements to ﬁll up the vacant seats through spot admissions with the candidates those who have not written DIETCET/LPCET after exhausting the candidates those who have already written DIETCET/LPCET in respect of certain colleges who have approached the Government and some cases are under process and are at various levels. The relevant portion of the memo. reads as hereunder: “4. Government after careful examination of the representation of Telangana Private B.Ed. & D.Ed. Colleges Managements Association, Hyderabad, keeping in view the report of the Director of School Education, A.P., Hyderabad, hereby inform that the managements of private D.Ed./LPT colleges are approaching the Government for ﬁlling up of the vacant seats in their colleges through spot admissions. Government have already issued orders permitting the managements to ﬁll up the vacant seats through sport admissions with the candidates who have not written DIETCET/LPCET after exhausting the candidates those who have already written DIETCET/LPCET in respect of certain colleges who have approached the Government and some cases are under process and are at various levels. Hence, Government hereby reject the request of Telangana Private B.Ed. & D.Ed. Colleges Managements Association, Hyderabad to give common orders in the matter. Government also reject the request of Association to allow the candidates for admission into D.Ed. Course (batch 2007- 09) with those who have passed Intermediate/equivalent examination in May/June, 2008, as the students who passed in May/June, 2008 cannot join D.Ed. course of 2007-08.” Assailing the said memo, the petitioners have ﬁled this writ petition with a prayer stated supra. 3. When the writ petition came up for admission, the learned Government Pleader of School Education received notice on behalf of the respondents 1 and 2. 4. Heard learned counsel appearing for the petitioners and learned Government Pleader of School Education appearing for the respondents 1 and 2. 5. Learned counsel appearing for the petitioners submits that the individual Institutions have already submitted representations seeking permission to ﬁll up the left over seats and therefore, necessary direction is required to be given to the respondents to consider the representations submitted by the individual institutions. 6. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents to consider the representations submitted by the individual Institutions and pass appropriate orders as expeditiously as possible. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:08th September, 2008. cs ..... 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