IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 98 of 2009 Between: Proffessor R.Ratna Swamy S/oLate Tirupalaiah S.N.S.R Degree College Velgode Velgode(M) Kurnool District ..... PETITIONER AND 1 The State of A.P rep.by its Principal Secretary Higgher Education Secretariat Buildings Hyderabad 2 The Commissioner Collegiate Education Andhra Pradesh Hyderabad 3 D.Ramalukshmamma W/o. A.Sivasankar Reddy Velgode Velgode(M) Kurnool District .....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 to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in vacating the stay through Government Memo No.1121/CE.II-2/2006 dt 03-01-2009 as illegal violative of principles of natural justice and unconstitutional and consequently direct the continuation of stay granted in Memo 1121/CE.II/2/2005-3 dt 08-07-2008 and pass Counsel for the Petitioner:MR.K.R.SASIDHARAN NAIR Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following: Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.98 of 2009 O R D E R: The petitioner questions the order of the Government issued in Memo No.1121/CE.II-2/2006, dated 03.01.2009 in vacating the stay order, granted earlier, vide Memo dated 08.07.2008, as illegal, arbitrary and against the principles of natural justice. The Government by its impugned memo, vacated the earlier stay order, granted on 08.07.2008, based on the review of the material of the case, without hearing the petitioner. It is the case of the petitioner that the Commissioner, Collegiate Education, Andhra Pradesh, Hyderabad issued proceedings No.684/Admn.IV-2/2005, dated 21.04.2005, recognizing the 3rd respondent herein as Correspondent of S.N.S.R.Degree College, Velgode, without giving any notice to the petitioner, though the petitioner was designated as Principal of the said Degree College and managing the affairs of the said college. Aggrieved by the said order, the petitioner filed W.P.11152/2005, assailing the legality of the said proceedings of the 2nd respondent dated 21.04.2005, in which, initially interim stay was granted and it was ultimately dismissed, by order dated 02.09.2005. Against which, W.A.1572/2005 was also filed and the same was also dismissed as withdrawn, with liberty to file appeal before the Government, which was already availed by filing an appeal against the order of the 2nd respondent. It is stated that the Government, vide G.O.Rt.No.44, Higher Education (CE.II.2) Department, dated 18.01.2006 rejected the appeal of the petitioner. Against which, the petitioner filed W.P.1228/2006 and by virtue of the orders of this Court, dated 24.03.2006, the petitioner was continued to function and discharge his responsibility as a Correspondent of the said institution. The said writ petition was disposed of on 24.03.2006, setting aside the order of the Government in G.O.Rt.No.44, dated 18.01.2006, as well as the orders of the 2nd respondent dated 21.04.2005 and remitted the matter back to the Commissioner, Collegiate Education with a direction to issue notice to the writ petitioner before effecting change of Correspondent for S.N.S.R.Degree College, Velgode. The 2nd respondent, vide proceedings in Rc.No.684/Admn.IV-2/2005, dated 23.06.2008, again approved change of Correspondent-ship in favour of the 3rd respondent. Against which, the petitioner filed an appeal/representation, dated 26.06.2008 before the Government and the Government by its order dated 08.07.2008 in Memo No.1121/CE.II-2/2005-3, stayed the proceedings of the 2nd respondent dated 23.06.2008. The 2nd respondent also issued consequential proceedings dated 14.07.2008, permitting the petitioner to function as the Correspondent of S.N.S.R.Degree College, Velgode. While so, the Government issued the impugned memo, vacating the stay granted earlier, without issuing any notice and without hearing the petitioner. I am of the opinion that the impugned order, vacating the stay granted earlier, without issuing any notice and without hearing the petitioner, is illegal and arbitrary. There cannot be any justification in vacating the stay order, while keeping the appeal filed by the petitioner pending against the order of the respondent, dated 23.06.2008. Having regard to the facts of the case, the Writ Petition is allowed, setting the impugned order dated 03.01.2009, keeping it open for the Government to pass orders afresh, and if it desires to vacate the stay order, it shall issue notice and after giving a reasonable opportunity alone, the interim order of stay can be modified or vacated. The Government is also directed to dispose of the main appeal itself, pending against the order of the 2nd respondent, dated 23.06.2008, after giving reasonable opportunity of hearing the petitioner as well as the 3rd respondent, in accordance with law. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 07.01.2009 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P rep.by its Principal Secretary Higgher Education Secretariat Buildings Hyderabad 2 The Commissioner Collegiate Education Andhra Pradesh Hyderabad 3.2CCs to 4.2CD copies