HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.31481 of 2014 Date : 4-12-2014 Between:
Sri Sai Degree & P.G. College, SRJNA Education Society, Suryapet, Nalgonda, represented By its Secretary & Correspondent Sri G. Lingaiah ..
Petitioner And The Mahatma Gandhi University, Nalgonda, Nalgonda District, Represented by its Vice-Chancellor, Telangana State ..
Respondents Counsel for petitioner : Ms. Y. Anupama Devi Counsel for respondents: Sri Dishit Bhattacharjee, for Sri Deepak Bhattacharjee, Standing Counsel The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of respondent Nos.1 and 2 in not granting provisional affiliation to the petitioner-Institution as illegal and arbitrary.
In the counter-affidavit filed by respondent No.2, it is inter alia stated that the Inspection Committee for grant of provisional affiliation for revival of the petitioner’s Degree College for the academic year 2014-15 inspected the college on 12-9-2014 and that the said Committee submitted a report showing several deficiencies and recommended that the provisional affiliation should not be granted.
At the hearing, Mr. Dishit Bhattacharjee, learned counsel representing the respondents, however submitted that after receipt of the inspection report, the respondents have not issued any notice to the petitioner.
In my opinion, if the inspection team has submitted an adverse report, the petitioner is entitled to be put on notice in order to enable it to dispute the contents of the report and putforth its case regarding the alleged deficiencies. Unless a decision in writing is taken by respondent No.1 after following this procedure, the petitioner cannot be denied the grant of provisional affiliation.
In this view of the matter, respondent Nos.1 and 2 are directed to furnish a copy of the inspection report to the petitioner. Within one week from the date of receipt of this order. Within two weeks thereafter, the petitioner shall submit its objections to the report. Within two weeks after receipt of such objections, respondent Nos.1 and 2 shall consider the same, take a decision and communicate the same to the petitioner.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to the disposal of the Writ Petition, WPMP No.39354 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 4-12-2014 AM