IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15082 of 2008 Between: 1 S.V.U.D.D.E. Study Centre, Code No.036, Sri Viswa Jyothi Degree College, Takkali, Srikakulam District rep. by its Co-Ordinator, P. Stalin Babu aged 39 yr S/o. P.Krishnamurthy, R/o.2-14, Chinnalakshmipuram, Navasingapalli Post, Tekkali, Srikakulam District. 2 S.V.U.D.D.E. Study Centre, Code No.005, Sri Viswam Junior College, Nayudupet, Nellore District District rep. by its Co-Ordinator,G. Ravi Kumar aged 35 yr S/o. G. Ramachandra Raju, R/o. 5-3-29/2, West Street, Naidupet-524126, Nellore District. 3 S.V.U.D.D.E. Study Centre, Code No.013, Sri Prathiba Educational Society, Kurnool District, rep. by its Co-Ordinator, C.V.R. Chandra Mohan Reddy Aged 36 Yrs, S/o. C.V.R. Rami Reddy R/o. 40-421-1, Bhaskar Nagar, Kurnool. 4 S.V.U.D.D.E. Study Centre, Code No.041, Camford Degree College, Puttur, Chittoor District, District rep. by its Co-Ordinator, D. Jaya Prakash,age 44 Yr S/o. D. Jayaramaiah, R/o. Rama Rao Colony, Puttur- 517583, Chittoor District. 5 S.V.U.D.D.E. Study Centre, Code No.059, Mother Degree and P.G. College, Thuni, East Godavari District rep. by its Co-Ordinator, C.H.V. Srinivasa Rao, Aged 31 Yrs, S/o. C.H.V. Ramana Murthy, R/o. 4-4-40, Post Office Street, Tuni-533401, East Godavari District. 6 S.V.U.D.D.E. Study Centre, Code No.009, Raja Educational Society, Nellore rep. by its Co-Ordinator M. Varaprasad Reddy aged 39 years, S/o.M. Muni Subba Reddy, R/o. C/o. Raju B.Ed., Coaching Centre, Near Muthukur Bus Stand, V.R. Centre, Nellore. 7 S.V.U.D.D.E. Study Centre, Code No.048, Gandhavalla Educational Society, Ongole, rep. by its Co-Ordinator, G. Balasubramanyam, aged 32 yrs S/o. G. Veerabadharaiah, R/o.4-245, Sathyanarayana Puram, Ongole. 8 S.V.U.D.D.E. Study Centre, Code No.57, S.R.C.Collge of Arts & Science, Padmarao Nagar, Secunderabad, rep. by its Co-Ordinator, P. Poornachander Rao, aged 32 yrs, S/o. P. Mallaiah, R/o. 1-1-336/111/1, Vivek Nagar, Chikkadpally, Hyderabad-20 ..... PETITIONER(S) AND 1 Sri Venkateswara University, Tirupati represented by its Director, Directorate of Distance Education, S.V. University Tirupati, Chittoor District. 2 The Controller of Examinations, S.V. University, Tirupathi, Chittoor District. 3 The Registrar, S.V. University, Tirupathi, Chittoor District .....RESPONDENT(S) 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 a writ, order or direction particularly writ of mandamus directing the respondents to conduct S.V.V.D.D.E. Examinations of August 2008 in the respective study centres of the students instead of conducting those examinations at the centres else where as notified by the first respondent and communicated to the colleges on 04.07.2008 by declaring the action of unilateral change of examination centres as illegal and arbitrary and pass Counsel for the Petitioner:MR.M.N.NARASIMHA REDDY Counsel for the Respondent No.: (SC FOR SVU)KASA JAGANMOHAN REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15082 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are conducting study centers of distance education pursuant to the memorandum of understanding agreement with the 1st Respondent- University. 2. The Director, Directorate of Distance Education, S.V. University, Tirupathi, and the petitioners entered into a memorandum of understanding to start distance education study center in the existing colleges of the petitioners on different dates. Except courses offered for study, the other conditions are common in all the agreements. Under the agreements, the fee structure eligibility of candidates, admissions, conduct of examinations are mentioned. 3. The grievance of the petitioners is that examination center of the students who studied in their study centers have been changed to some other center. 4. Heard learned counsel appearing for the petitioners and perused the material placed on record. 5. Learned counsel appearing for the petitioners submits that the conduct of examination etc., shall be held at study center as per Clause 22 of the Memorandum of Agreement and therefore directing the students who are pursuing education in the petitioners study centers at some other place is in contravention of clause 22 of the Memorandum of Agreement. 6. Heard learned counsel appearing for the petitioners and Mr. Kasa Jagan Mohan Reddy learned standing counsel for SVU takes notice on behalf of the respondents. 7. I have gone through the Memorandum of Agreement. Clause Nos. 8,22 and 23 need to be noted and they are thus:- “8. The second party shall provide all necessary facilities for the conduct of written examinations/practical examinations during the months of June/July every year or as and when required by the first party. However, the first party has the right to redistribute the candidates to the nearest approved Examination centers based on the number of candidates registered. 22. Sale of applications, Admissions, Organisation of Contact Programme Classes for the students and conduct of examinations etc., shall be held at the study center of the second party as per the guidelines of the first party framed from time to time. 2 3 . The University examinations will be conducted at the Study Centres if the enrolement is optimum. Otherwise, the candidates should take their examination at the nodal center of the first party i.e. Directorate of Distance Education, Sri Venkateswara University, Tirupati or any other center identified by the first party”. 8. On plain reading of Clause 23 gives no room for doubt that the power is vested with the 1st Respondent with regard to the identification of centers of examination. When the 1st respondent identified the centers in exercise of the power conferred under Clause 23, the petitioners have no right to question the same. 9. Accordingly, this writ petition is dismissed at the admission stage. No order as to costs. ____________________________ Justice B.Seshasayna Reddy 14th July, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15082 OF 2008 14th July, 2008.