THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.5271 OF 2010 Dated 8th March, 2010 Between: Ya Fatima Educational Society And two others …Petitioners And Jawaharlal Technological University And three others …Respondents Counsel for the petitioners : Sri S. Vivek for Sri S.Niranjan Reddy Counsel for respondent No.1: Sri K.Rathangapani Reddy The Court made the following ORDER: This writ petition is filed for a Mandamus to set aside proceedings dated 04.03.2010 issued by respondent No.1, whereby it has withdrawn the affiliation given to petitioner No.2 from the academic year 2009-2010 and has been proposing to shift the students to nearby Colleges. I have heard Sri S.Vivek, learned counsel for the petitioners, and the learned Standing Counsel for respondent No.1. Petitioner No.2 is one of the Colleges being run by petitioner No.1- Society. Petitioner No.2 was given approval by respondent No.4 to run the Engineering College and in pursuance thereof, respondent No.1 granted affiliation to it. On the report dated 28.08.2009, submitted by a fact-finding committee constituted by respondent No.1, wherein it has pointed out certain deficiencies in the running of the College, respondent No.1 has issued a notice calling upon the petitioners to rectify the deficiencies on or before 30.11.2009, indicating therein that if they fail to do so, they will de- affiliate the College. Respondent No.2 also constituted a one-man committee, wherein similar deficiencies were pointed out and when action was sought to be taken thereon, the petitioners filed W.P.No.29186 of 2009, wherein this Court, while granting stay of further action, permitted the University to undertake inspection on its own accord and take necessary action. Later on, respondent No.1 constituted another fact-finding committee, which is stated to have inspected the College on 03.03.2010 and submitted its report, wherein it has once again pointed out several deficiencies. A day thereafter i.e., on 04.03.2010, respondent No.1 issued the impugned proceedings, whereby it has withdrawn the affiliation. At the hearing, the learned counsel for the petitioners submitted that the impugned action of respondent No.1 is in flagrant violation of principles of natural justice, inasmuch it was not given an opportunity to the petitioners to explain against the alleged deficiencies as no notice was given to them. The petitioners disputed the existence of alleged deficiencies reported by the fact-finding committee. The fact that no notice has been given after the committee has inspected the College on 03.03.2010 and submitted its report to respondent No.1 has not been denied. The impugned proceedings result in serious adverse consequences and the law is well settled that before passing such an order, it is incumbent upon the authority to issue notice and opportunity to the person, who is likely to be affected by the proposed action. The petitioners are, therefore, entitled to a notice and a reasonable opportunity of being heard before a final decision on the report submitted by the fact-finding committee is accepted by respondent No.1. As this procedure is not followed by respondent No.1, the impugned proceedings are set aside without going into the correctness or otherwise of the contents of the report. Respondent No.1 shall issue notice to the petitioners and supply a copy of the report of the fact-finding committee, which inspected the College on 03.03.2010. Within one week from the date of receipt of such notice and report, the petitioners shall file their explanation. After considering the explanation, if any, filed by the petitioners, respondent No.1 shall pass an appropriate order and communicate the same to the petitioners. The writ petition is, accordingly, allowed. C.V.NAGARJUNA REDDY, J Dated 8th March, 2010 vrn​ Note: Issue operative portion by wire at party’s cost.