HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.12244 of 2010 Date: July 22, 2014 Between:
Sri Krishnaveni Junior College, Tanuku, West Godavari District, Rep. by its Secretary and Corres-
Pondent Boppana Krishna Chowdary.
… Petitioner And
1. Government of Andhra Pradesh, Rep. by its Secretary, Education Department, Hyderabad & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.12244 of 2010 O R D E R:
Heard learned counsel for the petitioner and learned standing counsel for the respondents.
2. The petitioner is an educational society registered in the year 1997. It started a junior college in the year 1997 after obtaining all the approvals from the competent authorities. The 2nd respondent issued an order of affiliation dated 10.12.2007 for the academic years 2003-2004 to 2007-2008. Later on in the year 2009 fresh orders were issued according affiliation for the academic year 2009-2010. The junior college was being run in the premises bearing door No.25-3-15, Alamurivari Street, Sajjapuram, Tanuku. The petitioner wanted to shift the college to a better accommodation for which purpose it entered into a lease deed on 07.05.2010 in respect of another nearby RCC building in Tanuku with a plinth area of 8500 square feet and the lease deed is valid up to 06.05.2015. There is a separate lease deed in respect of play ground valid up to 30.06.2014. The petitioner is having Science section with Bi.P.C and MPC groups and Arts section with MEC and CEE groups with a sanctioned strength of 88 students for each group. There is a rival group in the college and civil suits are pending in respect of the disputes between them. At the instance of one unconnected person the 2nd respondent issued a show cause notice on 24.02.2010 stating that the 3rd respondent was appointed as an enquiry officer to enquire into the allegations made against the management of the society. Out of 7 allegations, 4 allegations were proved during enquiry. The petitioner states that it was not served with any proceeding appointing the enquiry officer. The enquiry was also not properly conducted. The enquiry officer submitted his report on 15.02.2010 to the 2nd respondent and the copy of the said report was also not served on the petitioner. The petitioner submitted a detailed explanation on 04.03.2010 and without considering the said explanation, proceedings were issued on 19.05.2010 withdrawing the Letter of Intent for disaffiliation of the petitioner. Challenging the same, the present writ petition was filed.
3. When the writ petition came up for hearing, the learned standing counsel for the respondents brought to the notice of the Court the letter dated 29.10.2012 addressed to the petitioner informing the petitioner that shifting proposal submitted by it was rejected on certain grounds and the management was directed to fulfill the objections in order to take further action in the matter. The learned counsel for the petitioner submits that it fulfilled the objections and the matter is pending consideration before the respondents.
4. In that view of the matter, this writ petition is disposed of directing the respondents to take further action on the basis of material submitted by the petitioner pursuant to the letter Rc.No.04111/E4-1/1997-98 dated 29.10.2012, issued by the respondents and pass appropriate orders thereon in accordance with law.
5. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: July 22, 2014 BSB
5 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.12244 of 2010 Date: July 22, 2014 BSB