IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE EIGHTEENTH [18TH] DAY OF FEBRUARY, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE D.S.R.VARMA AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY W.A.No.1692 of 2002 Between: State of A.P., represented by its Secretary Education Department, Hyderabad & others … Appellants And: Kamareddy College Education Society, Kamareddy Nizamabad district, through its President & others … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY W.A.No.1692 of 2002 JUDGMENT: [Per GVS J] This writ appeal is directed against the order dated 11.10.2002 in WP No.17121 of 2002 wherein the said writ petition filed by the first respondent herein-educational society, was allowed, directing the appellants herein to hand over the management of Arts & Science College, Kamareddy, Nizamabad district, to the society, within a period of two weeks and also further directing that if no orders are passed by the appellants herein within the time stipulated, it shall BE open to the Society to resume management of the college and the appellants have been correspondingly restrained from interfering with its affairs. The appellants were also held to be under obligation to account for the amounts collected towards lease from the Director, All India Radio & Doordarshan-3rd respondent herein and further directing that the 3rd respondent herein shall be lessee of the society and shall pay rents to the society alone. 2. Heard the learned Government Pleader for Higher Education, representing the appellants and the learned counsel for the first respondent-Society. Perused the records. 3. The first respondent is the Educational Society, registered in 1964 and as part of its activities, established educational institutions, including Arts and Science College at Kamareddy, Nizamabad district and was running the same. The first respondent herein issued notification under Section 60(1) of the A.P. Education Act 1982, directing the management of the society to show cause as to why the management of the college should not be taken over by the Government in public interest and subsequently a final order was also passed on 22.11.1985 taking over management of the college. The society challenged the same in W.P.No.13917 of 1985. By order dated 31.10.1988, a learned Single Judge of this Court quashed the said order of taking over of the management of the College on the ground that it was bereft of reasons. However, certain directions were also issued without setting aside the impugned order. The Society, therefore, filed W.A.No.4 of 1989. By order dated 27.09.1995, a Division Bench of this Court allowed the writ appeal and set aside the order passed by the learned Single Judge and consequently quashed the impugned order passed by the appellants herein taking over the management. The appellants herein did not, however, restore the management of the college to the society in spite of number of representations made by it. The appellants herein filed review petition in WA MP No.777 of 2001 and the same was disposed of on 09.04.2001 modifying the order in the writ appeal. Thus, the order passed by the Division Bench on 27.09.1995 allowing the writ appeal and quashing the impugned order of taking over the management of the college, became final. The present writ petition is filed seeking virtually to enforce the said order passed in W.A.No.4 of 1989 alleging that in spite of several representations the appellants herein have not handed over the management of the college to the society as directed by this Court earlier. 4. The only contention raised by the appellants herein is that the first respondent-Society is not properly reconstituted as the earlier members have since resigned and therefore, the management could not be handed over to the Society. Learned Government Pleader, representing the appellants also contended that the Government has spent huge amounts while managing the college and it would not be either in the public interest or in the interest of student community, if the management of the College, which is under the control of the Government, is now ordered to be handed over to the Society. The said contentions were raised in the earlier round of litigation also and they were all rejected. 5. As seen from the record, a Special Officer was appointed for a limited period and purpose only till such time normalcy was restored and once normalcy was restored, it was held that the management of the College ought to have been handed over back to the Society. The show cause notice and the final order passed by the appellants were found to be unsustainable, as they were bereft of any reasons, and there was no justification for the Government to take over the management of the college and continue to run the same or to deprive the society of its control and management over the college. As the institution was founded by the Society and was also funded and maintained by the Society and as the order of taking over the management by the Government was found to be legally unsustainable, the Division Bench of this Court directed handing over the management of the college back to the society and the said order having become final, the appellants herein ought to have complied with the same. The conduct of the appellants in not complying with the orders passed by this Court earlier and in continuing to dilly dally the handing over of the management of the college back to the Society all these years cannot be appreciated. 6. It is further contended by the appellants herein that the Government is contemplating to take steps to reissue an order to take out the management of the college once again, but, however, as there is no properly reconstituted society, it was unable to comply with the earlier order. Learned counsel for the first respondent-Society would contend that the society and its management is very much in existence and the society is running several educational and other institutions and the Government is also aware of the same and in spite of it, the appellants are evading to comply with the order of this Court and postponing the handing over of the management on some pretext or other. There is nothing on record to show that the society is defunct or that there is no one representing the society as of now. It is not difficult for the Government to find out as to who is the person or persons in management of the affairs of the society and to hand over the management of the college to the society, if only the government intended to comply with the earlier directions of this Court. The learned Single Judge, has therefore, rightly observed that the continuance of the appellants herein with the management of the college, is illegal and arbitrary and without any basis and their continuance cannot be permitted any longer. The impugned order of the learned Single Judge with the directions contained therein does not therefore call for any interference in this appeal as they are only in the nature of implementing earlier directions of this Court in W.A.No.4 of 1989. The writ appeal is absolutely devoid of any merits. 7. In the result, the writ appeal is dismissed. There shall be no order as to costs. ___________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE G.V.SEETHAPATHY Date: 18.02.2010 Bss