HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT APPEAL NO.1604 OF 2014 DATED:17.12.2014 Between:
Swetha Degree College Chennur Village and Mandal Adilabad District Rep. by its Correspondent K. Srinivasa Reddy … Appellant And State of Telangana Represented by its Principal Secretary to Government Higher Education Department at Secretariat Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT APPEAL NO.1604 OF 2014 JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) The learned counsel representing all the parties are present before us. This appeal is admitted for hearing. In view of size and substance of this appeal, we feel that it can be disposed of finally without observing usual formalities.
2. This appeal is preferred against the interim order dated 27.11.2014 passed by the learned Trial Judge allowing the fifth respondent in the writ petition to pay fees for taking examination. The writ petition was filed by the college authority, amongst others, against the State of Telangana and Kakatiya University challenging the decision of shifting of the college in question from the existing place to a newly chosen place. The learned Trial Judge passed an interim order dt.16.10.2014 staying operation of the Government Order. It was found by His Lordship that such order prima facie is in conflict with a judicial decision of this Court. Thence, a vacate application was also made, but no order was passed thereon rather an order allowing the fifth respondent in the writ petition to pay fees for taking examination was passed which is impugned in this appeal. We also notice that Kakatiya University has accepted the earlier interim order of this Court dt.16.10.2014 and issued a fresh order on 8.12.2014. Therefore, the interim order dt.16.10.2014 passed by His Lordship has reached its finality. We fail to understand how the mandatory order impugned herein is lawful and justified by reason of the fact that such relief has no co-relation with the issue involved in the writ petition. The issue involved in the writ petition, according to us, was whether the Government Order impugned in the writ petition is contrary to law or not. There was no issue with regard to refusal to accept payment of examination fee or other things. According to us, this is a separate cause of action and separate issue and it cannot be equated with the present dispute. If there be any grievance for any student or any college, it would be open for them to approach the Court separately.
The impugned order is accordingly set aside. However, we give liberty to respondent No.5, applicant in the vacate petition filed in the writ petition, to approach appropriate forum for redressal of its grievance.
The copy of the order dt.8.12.2014 issued by the University accepting the interim order of this Court dt.16.10.2014 is kept on record.
The writ appeal is accordingly allowed.
Pending miscellaneous petitions, if any, shall stand closed.
There will be no order as to costs.
K.J. SENGUPTA, CJ M.S. RAMACHANDRA RAO, J 17.12.2014 bnr