HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.5559 of 2009 Date : 21-7-2011 Between : Sri Venkateswara Veterinary University Teachers Association, College of Veterinary Science, represented by its Secretary Dr.D.Krishna, Hyderabad .. Petitioner And Acharya N.G. Ranga Agriculutural University, Represented by its Registrar, Hyderabad and others .. Respondents Counsel for petitioner : Smt.K.V. Jayasree for Sri S.Satyam Reddy Counsel for respondent No.1 : Sri T.Durga Reddy Counsel for respondent No.2 : Sri Aka Venkataramana Counsel for respondent No.3 : None appeared The Court made the following: ORDER: This Writ Petition is filed for a mandamus to set-aside proceedings No.2174/Acad.I/A2/2007, dated 28-9-2007 whereby respondent No.1 has proposed to take over the control of Teachers Home located in the premises of the Veterinary Hospital, Bhoiguda, Secunderabad, contrary to the provisions of the Sri Venkateswara Veterinary University Act, 2005 (for short "the Act"). The petitioner is the Teachers Association of Sri Venkateswara Veterinary University. Prior to the coming into force of the Act, respondent No.1-University comprised agricultural and veterinary sciences. By the Act, a separate University for the veterinary sciences, respondent No.2, was created. The Act also divided the assets between respondent Nos.1 and 2. Part-A of First Schedule of the Act enumerated the assets proposed to be transferred to respondent No.2. The Teachers Home located in the premises of the Veterinary Hospital, Bhoiguda, Secunderabad, is one such asset which was proposed to be transferred to respondent No.2. However, the Committee constituted with the officers of both the Universities for Identification and Sharing of staff, assets, budget etc., has appeared to have submitted its report on the basis of which the Board of Management of respondent No.1 at its meeting held on 25-3-2006, has approved the said report of the Committee, whereby it was resolved, inter alia, to re- examine certain recommendations of the Committee by constituting another Committee with the Board Members. The issue relating to the Teachers Home is also among the subjects with respect to which the said Committee was constituted. On receipt of the report, the impugned proceedings were issued whereby it was decided by respondent No.1 that the Teachers Home will be under its control and that limited accommodation would be provided to respondent No.2 as and when requested in addition to one suite accommodation for the Vice Chancellor of respondent No.2. This decision is questioned by the petitioner in this Writ Petition. Smt.K.V.Jayasree, representing Sri S.Satyam Reddy, learned counsel for the petitioner and Sri Aka Venkataramana appearing for respondent No.2, relied upon Part-A of the First Schedule of the Act wherein the Teachers Home located in the premises of Veterinary Hospital, Bhoiguda, Secunderabad, is included in the list of assets proposed to be transferred to respondent No.2-University. Sri T.Durga Reddy, learned Standing Counsel for respondent No.1, however submitted that there is no statutory mandate whereby the assets have been clearly distributed and that what is shown in the First Schedule is only a proposal to transfer the assets mentioned therein in favour of respondent No.2-University. I am afraid, I cannot accept this submission of the learned Standing Counsel for respondent No.1. In the First Schedule to the Act “Teachers Home” is included under the caption “(A) Colleges” under the heading “Institution and assets proposed to be transferred to Sri Venkateswara Veterinary University”. By mere use of the expression “proposed” in the First Schedule, it cannot be said that any discretion is vested with the functionaries of respondent Nos.1 and 2-Universities to act contrary to the legislative intent. Any decision that may be taken by respondent Nos.1 and 2 in the matter of transfer of assets shall always be in consonance with the above noted legislative provision. In the absence of any contrary intention expressed anywhere in the Act, the word “proposed” shall be construed as the mandate of the Legislature to transfer the assets as shown in the Schedule in favour of the respective Universities. Respondent Nos.1 and 2-Universities, being subservient to the legislation under which they function, they cannot take any decision, howsoever expedient they may have been found, to water-down the legislative intent. In this view of the matter, the impugned decision referred to above cannot be sustained and the same is set-aside. The respondents are directed to strictly follow the provisions of the First Schedule while dealing with the Teachers Home located in the premises of the Veterinary Hospital, Bhoiguda, Secunderabad. The Writ Petition is accordingly allowed. As a sequel, WPMP No.7281/2009 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 21-7-2011 AM