THE HON’BLE Ms. JUSTICE G. ROHINI CONTEMPT CASE No.1653 OF 2009 Dated: 05.11.2011 Between: 1. A.E.L. Church, rep. by its President, Guntur And 2 others. … Petitioners And 1. Sri Suresh Chanda, Prl. Secy. To Govt., Higher Education Department, Secretariat, Saifabad, Hyderabad; and another. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI CONTEMPT CASE No.1653 OF 2009 ORDER : This Contempt case is filed with a prayer to punish the respondents for the alleged violation of order dated 4.3.2009 in W.P.No.3059 of 2001. W.P.No.3059 of 2001 was filed seeking a declaration that the action of the respondents in not granting aid to Andhra Christian College of Law, Guntur, established by the 1st petitioner was arbitrary and illegal. The said writ petition was disposed of by this Court by order dated 4.3.2009 permitting the petitioners to make an appropriate application for release of grant-in-aid and directing the respondents to consider such application in the light of the principles laid down in W.P.No.3592 of 1997 wherein it was held by this Court that even the professional colleges fall within the definition of the A.P. Education Act and for all practical purposes they should be treated as colleges and therefore they are entitled for grant-in-aid in accordance with law. Alleging that in spite of the direction by this Court to pass an order within eight weeks, the 1st respondent failed to pass an order, this Contempt Case came to be filed on 25.11.2009 to punish the respondents under the provisions of the Contempt of Courts Act. In response to the notice ordered by this Court, the 1st respondent filed a counter-affidavit stating that the petitioner’s application was disposed of on 24.04.2010 and that the delay in passing the order was not intentional. In view of the said order dated 24.04.2010 the learned Additional Advocate General appearing for the respondents submitted that the contempt proceedings may be dropped. However the learned counsel for the petitioner, while submitting that the 1st respondent’s order dated 24.04.2010 is not in terms of the principles laid down by this Court in W.P.No.3592 of 1997, vehemently contended that the 1st respondent in passing the said order dated 24.04.2010 had acted quite contrary to the directions of this Court in W.P.No.3059 of 2001 and therefore it amounts to clear contempt. It is true that in W.P.No.3592 of 1997 it was held that a professional college of Law is entitled to claim grant-in-aid and while disposing of W.P.No.3059 of 2001 this Court directed to consider the request of the petitioners for grant-in-aid in the light of the principles laid down in W.P.No.3592 of 1997. However, a perusal of the order dated 24.04.2010 makes it clear that the request of the petitioners for admitting A.C. College of Law, Guntur, to grant-in-aid was rejected by the 1st respondent on several grounds and the rejection was not merely on the ground that the professional college was not entitled to grant-in-aid. Therefore, I do not find any substance in the contention of the petitioners that the respondents had flouted the order in W.P.No.3059 of 2001. Accordingly, the Contempt Case is dismissed. However this shall not preclude the petitioners to challenge the order dated 24.04.2010 by availing the appropriate remedy available under law, if so advised. No costs. ______________ G. ROHINI, J. Dt. 05.11.2011 gbs