IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.77 OF 2014 AND WRIT PETITION NO.5523 OF 2012 DATED:21.1.2014 W.A. NO.77 OF 2014 Between:
Board of Intermediate Education Government of Andhra Pradesh Vidya Bhavan, Nampally, Hyderabad Rep. by its Secretary and others … Appellants And Krishna Sai Junior College Sompeta, Srikakulam Rep. by its Correspondent Thamminena Rama Rao R/o.Sompeta Village and Mandal Srikakulam District and another … Respondents W.P. NO.5523 OF 2012 Between:
Krishna Sai Junior College Sompeta, Srikakulam Rep. by its Correspondent Thamminena Rama Rao R/o.Sompeta Village and Mandal Srikakulam District … Petitioner And The Government of Andhra Pradesh Rep. by its Principal Secretary Department of Secondary Education Secretariat, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.77 OF 2014 AND WRIT PETITION NO.5523 OF 2012 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ appeal and the writ petition are taken up for final disposal since both the parties are present before us.
2. The writ petition was filed challenging a notice dt.14.2.2012 issued by the Board of Intermediate Education, Andhra Pradesh, Hyderabad. The writ petitioner was granted affiliation to run Intermediate College. However, on inspection it was found that the writ petitioner college does not have proper infrastructure, namely, required building for running the college. On that ground, the aforesaid notice was issued informing the writ petitioner as follows:
“…The Government have directed this office to take necessary action against Sri Sai Krishna Junior College, Srikakulam District for disaffiliation as per Rule 11(1), (2) & (3b) of G.O. Ms. No.29, Edn. (Rules), dated 05.02.1987.
Therefore the management is directed to provide RCC building for college accommodation within a month. Failing which the Affiliation/Recognition of the college will be withdrawn in exercise of the powers conferred as per Rule 11(1), (2) & (3b) of G.O. Ms. No.29 Edn. (Rules), dated 05.02.1987.”
3. Various points have been taken in the writ petition to challenge the aforesaid notice.
4. The learned trial Judge has initially granted interim stay of operation of the aforesaid notice and from time to time such interim order was extended. The present appeal has been preferred against such last order of extension.
5. It is contended by the learned counsel for the appellants, who are respondents in the writ petition, that despite several opportunities being given the writ petitioner College did not develop proper infrastructure for running the college. Indeed, no RCC building has been constructed. The affiliation was granted in the backward area with the hope that the writ petitioner will provide suitable infrastructure for running the college. In spite of several reminders, no action has been taken. As such, the aforesaid measure was taken. It is submitted further that the respondent authorities are legally competent to issue such notice and there is failure on the part of the college and hence the action was required.
6. Learned counsel for the writ petitioner college submits that all steps have been taken to improve and upgrade the college building. Indeed, construction is going on to complete the building suiting to the need of running of the college. As such, action of withdrawal of affiliation is wholly unjustified and arbitrary. She submits that time given for completion of construction of the RCC building is too short and absurd for one cannot complete construction of the building within one month.
7. While taking note of the submissions of the learned counsel and reading the impugned notice, we are of the view that the respondent authorities are competent to take action in case of failure to provide suitable infrastructure to run the college. It is an admitted position that on the date of issuance of the notice, the writ petitioner college did not have suitable building and the Court at the interim stage from time to time granted relief to enable the writ petitioner college to complete construction of the building.
8. We are of the view that the time given in the impugned notice is too short and moreover no drastic decision can be taken withdrawing the affiliation without giving hearing to the college authorities for withdrawal of the affiliation has civil and criminal consequences and in that case compliance of natural justice has to be followed to put up suitable defense. This course of action was not taken. However, taking note of the pendency of the writ petition with the interim relief, we think that there is no point to allow the writ petitioner to perpetuate with the interim order. According to us, the writ petitioner must complete the construction of the building as per the requirement of the respondent authorities to maintain the affiliation.
9. Under these circumstances, we pass the following order.
The respondent authorities shall inspect the building of the petitioner college and after that they will take a fresh decision giving hearing to the college authorities. After inspection, if it is found that the construction of the RCC building is complete suiting to the need of the college obviously affiliation should not be withdrawn. However, we keep everything for decision of the respondent authorities, after giving a hearing to the writ petitioner college authorities. Let the fresh exercise shall be completed by the concerned respondent authorities within a period of six weeks from the date of communication of this order. Till then, the affiliation should not be withdrawn.
10. The writ appeal and the writ petition are accordingly disposed of. There will be no order as to costs.
Consequently, miscellaneous petitions pending if any in these matters shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 21.1.2014 bnr