IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25109 of 2008 Between: 1 Islamia Educational Society, Opp. Sikh Gurudwara, Near Secunderabad Railway Station, Rezimental Bazar, Secunderabad. 2 National Institution of Education Munidevunipally Village, Kondapur Mandal, Sanga Reddy , Medak District. 3 Khadar Khan S/o. Maqdoom Khan Raja R/o. Opp. Secunderabad, Railway Station, Rezimental Bazar, Secunderabad. ..... PETITIONERS AND 1 The Osmania University Rep. by its Registrar, Hyderabad. 2 Government of A.P. School Education Department, rep. by its Principal Secretary, Secretariat, Hyderabad. 3 National Council for Teacher Education (NCTE) CSD Building, HMT Post, Banglore. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court may be pleased to issue a writ order or direction one more particularly in the nature of a Writ of Mandamus declaring the action of the 1st respondent in rejecting the petitioners' request for grant of aﬃliation to the 2nd petitioner institution vide orders dt. 25-10-2008 as being illegal, arbitrary, unconstitutional and violative of the provisions of the A.P. Universities Act 1991 and consequently direct the 1st respondent to forthwith grant aﬃliation to the 2nd petitioner institution for the academic year 2008-09 and for all years. Counsel for the petitioners: MR.S.NIRANJAN REDDY Counsel for respondent No.1: MR.DEEPAK BHATTACHARJEE Counsel for respondent No.2 :GP for School Education Counsel for respondent No.3 : Sri B.Adinarayana Reddy The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25109 of 2008 ORDER: The 1st petitioner is a Society, registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act 1350, Fasli, and is currently deemed to be functioning under the provisions of A.P. Societies Registration Act, 2001, and it is thus in existence since 1998. The main objective of the 1st petitioner Society is imparting education. In furtherance of its objective, the 1st petitioner established 2nd petitioner Institution at Manidevunipally village of Kondapur Mandal, for imparting training in B.Ed course. Intending to start post graduate course in Education (M.Ed), petitioners submitted a representation dated 20.08.2008 to the Government of Andhra Pradesh, School Education, 2nd respondent herein, and the National Council for Teacher Education (NCTE), 3 rd respondent herein. The 2nd respondent, being satisﬁed, forwarded the application of the petitioner, to the 3rd respondent for approval and granting necessary permission. Pursuant to the recommendation made by the 2nd respondent, the 3rd respondent gave required approval and granted recognition. Immediately thereafter, petitioners made an application to the 1st respondent for grant of aﬃliation to the 2 nd petitioner institution, duly enclosing the required inspection fee. Thereafter, the authorities concerned inspected the 2nd petitioner institution. However, pursuant to the said inspection, no action has been initiated, and the 1st respondent has not granted aﬃliation. Thus, petitioner could not start education in M.Ed. In that view of the matter, petitioners made representation dated 20.08.2008 requesting the 1st respondent to consider for grant of aﬃliation to the 2 nd petitioner institution. Complaining that no action has been taken on the said representation, petitioners ﬁled W.P.No.22815 of 2008. This Court, by way of an interim order in W.P.M.P.No.29713 of 2008, directed the 1st respondent to consider the representation of the petitioner dated 20.08.2008, with regard to grant of aﬃliation, within a period of one week from the date of receipt of a copy of the order. Thereafter, the 1st respondent, by proceedings dated 25.10.2008, rejected the petitioners’ application for grant of aﬃliation based on the observations made by the inspection committee. Petitioners, by letter dated 07.11.2008, gave a detailed explanation stating that the deﬁciencies pointed out by the inspection committee have been rectiﬁed, and requested the 1st respondent to grant aﬃliation. As no orders have been passed by the 1st respondent pursuant to the letter dated 07.11.2008, this writ petition is ﬁled seeking a direction to the 1st respondent to forthwith grant aﬃliation to the 2 nd petitioner institution. Heard Sri S.Niranjan Reddy, learned counsel for the petitioners, Sri Deepak Bhattacharji learned Standing Counsel for the 1st respondent-University, learned Government Pleader for School Education for the 2nd respondent and Sri B.Adinarayana Reddy, learned counsel for the 3rd respondent. . On instructions, the learned Standing Counsel for the 1st respondent-University submitted that the University, on its own, cannot take a decision in this matter, unless the inspection committee inspects the 2nd petitioner institution and recommends that the petitioner society had rectiﬁed the deficiencies and is fit for starting M.Ed., course. In the light of the said submission, and as the learned counsel for the petitioners submitted that petitioners would bear the expenses for inspection, 1st respondent is hereby directed to constitute a committee within a period of ten days from the date of receipt of a copy of this order and thereafter, the committee so constituted shall inspect the 2nd petitioner institution, run by the 1st petitioner society, within ten days thereafter, and submit a detailed report as to whether 2nd petitioner is in a position to commence M.Ed., course. The petitioners are hereby directed to take a demand draft towards required fee for inspection and deposit the same with the 1st respondent University, within a period of three days from today. With the above directions, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. _____________________________ Justice Gopala Krishna Tamada 17th November 2008 Note: Furnish C.C in three days. (B/o) sh To 1 The Registrar, Osmania University, Hyderabad. 2 The Principal Secretary, Government of A.P., School Education Department, Hyderabad. 3 National Council for Teacher Education (NCTE) CSD Building, HMT Post, Banglore. 4 Two CCs to the Government Pleader for School Education, High Court of A.P., Hyderabad. 5 Two C.D. copies.