IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 9366 of 2008 Between: K.C.Narayana Teacher Training College, Guntakal, Anantapur District, rep. by its Treasurer Sri K.Hari Kumar S/o. K.C.Narayana R/o.Guntakal, Anantapur District. ..... PETITIONER AND 1 The Government of A.P. rep. by its Secretary, School Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, DIET-CET Chairman, Saifabad, Hyderabad. 3 The Director, State Council of Education, Research and Training, Basheerbagh, 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 will be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in not processing the application of the petitioner institution dt. 24.12.2007 for the grant of Affiliation to the recognized institution by the N.C.T.E. dt. 26.8.2005 for the academic year 2007-08 as illegal, arbitrary and violative to Art. 14 of the Constitution of India, consequently direct the 3rd respondent to grant the Affiliation to the petitioner Institution U/s. 14(6) of N.C.T.E. Act, and include the name of the petitioner institution in the admission counseling schedule to be held from 24.4.2008 in pursuance of the Recognition Orders granted by the N.C.T.E. Bangalore dt. 26.8.2005 for the academic year 2007-08. Counsel for the Petitioner : Sri S.A.K.Mynuddin Counsel for Respondent Nos.1 & 2: GP for School Education The Court made the following ORDER: Heard Sri S.A.K. Mynoddin, learned counsel for the petitioner and learned Assistant Government Pleader for School Education and with her consent, this writ petition is taken up for disposal at the stage of admission. In this case, the question that is raised is common; whether the proposals submitted seeking affiliation, pursuant to the sanction of the establishment by the Southern Regional Committee of the National Council for Teacher Education, can be withheld for an interminable period and thus causing enormous difficulties to the institutions concerned. In fact, the same question was considered by this Court in Writ Petition Nos. 18520, 19197 and 18646 of 2007. By his judgment dated 18th February 2008, the learned Single Judge of this Court concluded the issue in the following manner: “ Eventually, by an order in G.O.Ms.No.104, Education Department dated 24.11.2007, the State in supersession of earlier orders (issued in G.O.Ms.No. 50 Education dated 31.5.2005), issued orders constituted an Affiliation Committee, fixing the affiliation fee, tuition fee and special fee for D.Ed course and specifying other provisions for payment of fees and for submission of proposals for affiliation; the authority to which the proposals should be submitted and the Affiliation Committee so constituted is required to submit recommendations in respect of each College, to the State Government for its approval after which affiliation orders are to be issued by the Director of School Education. In paragraph (7) of this G.O., it is stipulated that after the Affiliation Committee scrutinizes the proposals for affiliation submitted by a particular college, the Affiliation Committee should submit its recommendations in respect of each college, to the Government for its approval and thereafter affiliation orders will be issued by the Director of School Education, A.P., Hyderabad. As per this procedure, a clearance from the Government to the Director of School Education appears necessary. In any event, notwithstanding the dilatory procedure contemplated, the fact is that for nearly 2 years now i.e. from the academic year 2005-06, D.Ed. College of Education could not operate on account of the procedural red-tape. In the circumstances above, since there is now a legal regime in operation and the Annamacharya College of Elementary Teacher Education has also paid the relevant fees as prescribed in G.O.Ms.No.104 dated 24.11.2007 and submitted proposals for affiliation, the respondents 1 and 2 are directed to expeditiously and in any event within a period of three weeks, from the date of receipt of a copy of this order, process the affiliation proposals submitted by the Annamachary College of Elementary Teacher Education administered and communicate the decision to the petitioner. The entire exercise includes the vetting of the proposals by the Affiliation Committee; forwarding of the recommendation to the State Government and passing of the orders by the Director of School Education, as contemplated in para (7) of G.O.Ms.No.104 dated 24.11.2007 and communication of the decision to the petitioner shall be within the period of three weeks, specified above.” In view of the clear and categorical finding of this Court that the issue is now regulated by the detailed procedure laid down through G.O.Ms.No. 104 Education Department, dated 24th November 2007, constituting an Affiliation Committee, fixing the affiliation fee, tuition fee and special fee for D.Ed. course and specifying other provisions for payment of fees and for submission of proposals for affiliation and that the committee is also required to consider and make necessary recommendations with regard to the affiliation of each college to the State Government, for the latter’s approval so that the Director of School Education can pass the necessary orders of affiliation, it is only appropriate that the respondents should be directed to consider the application dated 24th December 2007 of the petitioner and take up the process of granting affiliation in its favour within fifteen days from today, duly complying with the procedure spelt out through G.O.Ms.No.104 Education Department, dated 24th November 2007 and communicate the said decision to the petitioner within a period of two weeks thereafter. With this, the writ petitions stand disposed of, but however, without costs. ---------------------------------- Nooty Ramamohana Rao, J 28th April 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}