IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 18520, 19197 and 18646 of 2007 Between: Sri Tallapaka Annamacharya, Educational Society, Rajampet, Rep. by its Correspondent & Secretary, Sri M. Penchalaiah, S/o. Gangaiah, Aged about 47 Years, R/o. Rajampet, Cuddapah District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principle Secretary, Department of School Education, Secretariat Buildings, Hyderabad. 2 The Chairman, DIET-CET of A.P (District Institute of Education and Traning & Director of School Education, Saifabad, Hyderabad. .....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 more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent sin not incuding the name of the Petitioenr institution permitted by the NCTE dt. 26-8-2005 in the DIET CET -2007 counseling to be held from 6-9-2007 as illegal, arbitrary and malafide, consequently direct the respondents to include the name of the Petitioner institution in tyhe DIET CET-2007 counseling to be held from 6-9-2007 and pass such other order or orders as this HOn'ble Court deem fit and proper. Counsel for the Petitioner:MR.S.A.K.MYNUDDIN Counsel for the RespondentS.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 19197 of 2007 Between: Sri Tallapaka Annamacharya Educational Society, Rajampet, Rep by its Correspondent & Secretary, Sri M. Penchalaiah, S/o. Gangaiah, Aged about 47 years, R/o. Rajamapet, Cuddapah District. ..... PETITIONER AND 1 The Government of A.P. Rep by its Principle Secretary, Department of School Education, Secretariat Buildings, Hyderabad. 2 The Chairman, DIET-CET of A.P. (District Institute of Education and Training) & Director of School Education, Saifabad, Hyderabad. 3 The Director, Government Examinations, Chapel Road, Nampally, Hyderabad. .....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 more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not issuing the affiliation orders by the 3rd respondnet and not allotting the students to the petitioner institution by the 1st and 2nd respondents for running of the petitioner D.Ed. college is illegal, arbitraryu, and against the principles of Natural justice, consequently direct the respondents to issue affiliation orders for the academic year 2007-2008 and allot the students in pursuance of the representation dt. 30-7-2007 to the petitioner institution as per Sec.3(A) of the A.P. Educational Institions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 and pass such other order or orders as this Hon'ble Court may deem fit and proper Counsel for the Petitioner:MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 18646 of 2007 Between: Hazarath Ameeruddin Academy of General, Technical and Professional Educational Society, giddlaur, Prakasam Distric rep by its Correspondent & Secretary Smt. S. Mehatab, W/o S.A. K. Mynoddin aged about 39 R/o Giddalur, Prakasam District. ..... PETITIONER AND 1 The Government of A.P., rep by Secretary, School Education Deprtment, Secretarait Buildings, Hyderabad. 2 The Commissioner & Director of School Education, DIET-CET Chairman, Saifabad, Hyderabad. 3 The Director, Government Examinations, Chapel Road, Nampally, Hyderabad. .....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 issue a Writ order or driection more particularly one in the nature of Writ of Mandamus, declaringthe inactionof the respondents in not processingthe applicationof the petitioner institution dt 3-8-2007 for the grant of Affiliation to the recognized institution by the NCTE. dt 26-8- 2005 forthe academic year 2007 -08 as illegal, arbitrary and violative to art. 30 ofthe Constitution of India, consequentlydirect the3rd respondent to grant the Affiliation to the petitioner Institution inpursuance ofthe Recognition Orders granted by the NCTE. Bangalore dt 26-8-2005 and passsuch other order ororders as this Hon'ble Court deem fit and proper. Counsel for the Petitioner:MR.D.KASIM SAHEB Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following ORAL ORDER : COMMON ORAL ORDER: Since identical, substantial and similar fact situations are involved in all the three writ petitions, the relevant facts are recorded as in W.P.No.18520 of 2007. Heard the learned counsel for the petitioner and the learned Government Pleader for School Education, appearing for respondents 1 and 2. The Southern Regional Committee of the National Council for Technical Education functioning as a regulatory authority under the provisions of the National Council for Technical Education Act, 1993, granted permission on 26.8.2005 to the petitioner-Society for starting Sri Annamacharya College of Elementary Teacher Education with an intake of 50 students for a two year D.Ed Course for the academic year 2005- 2006 onwards. The petitioner approached the first respondent by a representation on 6.9.2005, for including the college in the approved list for allotment of students. The petitioner claims to have also approached the Director, State Council for Educational Research and Training. There being no action, the petitioner filed a writ petition for setting aside the orders of the Government in G.O.Ms.No.49 dated 4.3.2005, which had failed to include the College in the list of approved colleges for allotment of students. W.P.No.11411 of 2005 was allowed on 24.1.2006 and G.O.Ms.No.49 was set aside. Thereafter the petitioner was representing for inclusion of the College in the list of approved institutions and allotment of students but to no avail. Since the academic year 2005-06, the College could not commence operations due to the intransigence of the State in affiliating the Annamacharya College of Elementary Teacher Education. On 30.7.2007, the petitioner represented to the 1st respondent, complaining of delay on the part of the State and that two valuable academic years were lost and huge amounts paid towards salaries to employees and other infrastructure expenses could not be recouped on account of the delay. 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 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; 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 Colleges 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 24.11.1007 and communication of the decision to the petitioner shall be within the period of three weeks, specified above. The writ petitions are disposed of as above. No order as to costs. ------------------------------- GODA RAGHURAM, J Date: 18.02.2008 CVM To, 1 The Government of A.P. Rep by its Principle Secretary, Department of School Education, Secretariat Buildings, Hyderabad. 2 The Chairman, DIET-CET of A.P. (District Institute of Education and Training) & Director of School Education, Saifabad, Hyderabad. 3 The Director, Government Examinations, Chapel Road, Nampally, Hyderabad. 4.2CCs to G.P. for Education 2.2CD copies