IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21550 of 2001 Between: Rao's Institute of Computer Science Rep. by its Secretary & Correspondent Smt. Y.Krishnaveni, Venkatachalam Satram Mandal Head Qtrs, Kandrika Village, Nellore District. ..... PETITIONER AND Sri Venkateswara University Rep. by its Registrar Tirupati. .....RESPONDENT 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 to issue writ of Mandmus or any other appropriate writ or order or direction, declaring the action of the respondent in so far as levying penalty byits communication No.B-XI/MCA/2001 dt.23.7.2001 as illegal, arbitray and without jurisidction and inoperative and also declare the telegram Ref:ANLNLA-ANLCT00183 dt.11.10.2001, issued by the University as illegal and without jurisdiction and set aside the same and direct the University to allot students for MCA course being run by the petitioner college, for the Academic Year 2001-2002 and pass. Counsel for the Petitioner:MR.Y.SRINIVASA REDDY Counsel for the Respondent No.: MR.B.ADINARAYANA RAO The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21550 of 2001 ORDER: This writ petition has been filed seeking a Writ of Mandamus declaring the action of the respondent in levying penalty through its communication, dated 23-07-2001, as illegal and arbitrary. This court while admitting the writ petition on 17-10-2001 directed interim suspension of the impugned communication, dated 23-07-2001. A counter has been filed stating that the University has not taken any action to stop the admission process into the college of the petitioner during the academic year 2001-02 and that the admissions made for the academic year 1999-2000 are irregular and, therefore, the impugned order has been passed imposing penalty. Insofar as imposition of penalty is concerned, no rule, regulation or provision has been brought to the notice of this court and nothing has been has been mentioned in the counter regarding imposition of penalty and it was imposed without issuing any show-cause notice and without giving any reasonable opportunity to the petitioner. As the academic year 1999-2000 was already over, the writ petition only survives in respect of imposition of penalty. As the penalty has been imposed without issuing any show-cause notice and without giving any reasonable opportunity, I am of the opinion that the imposition of penalty is illegal and unsustainable and, therefore, the impugned order is liable to be set aside. Having regard to the facts and circumstances of the case, the writ petition is allowed setting aside the impugned order and keeping it open for the respondent to issue show cause notice and take appropriate action, in accordance with law, if it is entitled to do so, insofar as imposition of penalty is concerned. There shall be no order as to costs. ___________ 21-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSKM}