IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION Nos : 8010, 8020 and 8025 of 2008 W.P.No. 8010 of 2008 Between: Maheswara Institute of Elementary Teacher Education, Maheshwaram, Warangal, Sponsored by Maheshwara Educational Society, Maheshwaram, Warangal, rep by its Correspondent and Secretary Sri Mothe Sammi Reddy S/o Ranga Reddy, aged about 59 years, R/o Maheswaram, Warangal 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 28-12-2007 for the grant of Affiliation to he recognized institution by the N.C.T.E. dt 05-8-2005 for the academic year 2007-08 as illegal, arbitrary and violative of 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 24-04-2008 in pursuance of the Recognition Orders granted by the NCTE. Bangalore dt 05-8-2005 for the academic year 2007-08 and pass such other order or orders as this Hon'ble Court deem fit and proper. Counsel for the Petitioner : Sri S.A.K. Mynuddin Counsel for the Respondents : GP for School Education W.P.No : 8020 of 2008 Between: Dr. M.R.Reddy College of Elementary Teacher Education, Parkal, Warangal District, Sponsored by Sadhana Educational Society, Parkal, Warangal District, rep. by its Corresponden and Secretary Sri Dr. M.Raja Reddy, S/o. Buchi Reddy, R/o. Parkal, Warangal District. ..... PETITIONER AND 1 The Govt. of A.P rep.by its Secretary School Education Department Buildings Hyd 2 The Commissioner & Director Of School Education DIET CET Chairman Saifabad Hyd 3 The Director State of Council Education Research Traning 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. 25-12-2007 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 conseling schedule to be held from 24-4-2008 in pursuance of the Recognition Order 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 the Respondents : GP for School Education W.P.No : 8025 of 2008 Between: Sravanthi Institute of Elementary Teacher Education, Dharmaram, Warangal, Sponsored by Sravanthi Educational Society, Dharmaram, Warangal, rep by its Correspondent and Secretary Sri Mothe Sammi Reddy S/o Ranga Reddy, aged about 59 years, R/o Maheswaram, Warangal 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 29-12-2007 for the grant of Affiliation to he recognized institution by the N.C.T.E. dt 26-8-2005 for the academic year 2007-08 as illegal, arbitrary and violative of 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 24-04-2008 in pursuance of the Recognition Orders granted by the NCTE. Bangalore dt 26-8-2005 for the academic year 2007-08 and pass such other order or orders as this Hon'ble Court deem fit and proper. Counsel for the Petitioner : Sri S.A.K. Mynuddin Counsel for the Respondents : GP for School Education The Court made the following COMMON ORDER: Heard Sri S.A.K. Mynuddin, learned counsel for the petitioners and learned Assistant Government Pleader for School Education and with her consent, these writ petitions are taken up for disposal at the stage of admission. In all these three cases, 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 take up the process of granting affiliation in favour of the petitioners within the next three weeks, 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 petitioners within a period of three weeks, at any rate before 15th May 2008. With this, the writ petitions stand disposed of, but however, without costs. ---------------------------------- Nooty Ramamohana Rao, J 15th April 2008 ksld