Andhra Pradesh High Court
Judges : S.B.SINHA, S.R.NAYAK
Ch.Anita - Appellant
Versus
State OF A.P. - Respondent
Decided On : 03-02-01
Constitution of India, 1950 - Articles 226 and 14 – Education and University - Since issue that arise for our consideration and decision relates to validity of admission of petitioners-students to B - Ed - course and cancellation thereof and since there is urgency to decide main writ petitions expeditiously we thought it appropriate to hear and dispose of main writ petitions themselves - Accordingly with consent of learned counsel appearing for all parties in these writ petitions and writ appeals main writ petitions were heard together along with writ appeals and all of them are being disposed of by this common order - In absence of no Objection Certificate from Government and without requisite permission from National Council of Teachers Education and without affiliation from Osmania University college was compelled to close down - However Government in response to several representations made by affected students and taking sympathetic view of matter and keeping in mind wellbeing of students who were admitted to college issued Education Department and decided that students admitted by Noble College of Education should be allotted to other Colleges of Education in State to enable them to complete course during academic year – Held, It is beyond any dispute that said Park Point School was not affiliated with appellant - Writ petition might have taken admission under a misconception but it is beyond any cavil of doubt that unless statute permits appearance of students as private candidates they cannot be permitted to do so - Bench further noticed in Life Insurance Corporation of India reported in AIR law has been laid down in following terms thus apart from directions as to appointment on compassionate grounds being against statutory provisions such direction does not take note of this fact - Whatever it may be Court should not have directed appointment on compassionate grounds - Jurisdiction under mandamus cannot be exercised in that fashion - We must be careful not to allow our sympathy with infant plaintiff to affect our judgment - Sentiment is a dangerous will o wisp to take as a guide in search for legal principles - Order accordingly.
( 1 ) THE only question that arises for our consideration and decision in these Writ Appeals and Writ Petitions is whether cancellation of admission of the petitioners/ appellants to B. Ed. course during the Academic year 1999-2000 by the Principal, Government Institute of Advanced Study in Education (for short, "iase"), Masab Tank, Hydrabad, the common 4th respondent in these writ appeals and writ petitions, is legal and justified in the facts and circumstances of the case.
( 2 ) WRIT Appeal No. 19 of 2000 is directed against the interim order dated 29-12-2000 passed by the learned single Judge of this Court in WPMP No. 33525 of 2000 filed in W. P. No. 26348 of 2000 refusing to suspend the proceedings of the 4th respondent dated 23-12-2000, whereby and whereunder the admissions of the petitioners/appellants are cancelled. Writ Appeal No. 6 of 2000 is directed against the interim order passed by the learned single Judge dated 29-12-2000 in WPMP No. 33620 of 2000 filed in WP No. 26432 of 2000 declining to suspend the above proceedings of the 4th respondent. In W. P. No. 26348 of 2000 and W. P. No. 26432 of 2000, the validity and legality of the proceedings of the 4th respondent issued in Rc. No. 522/310/iase-WC-Hyd/2000, dated 23-12-2000 cancelling the admission of the petitioners to the B. Ed. course is assailed while praying for consequential direction to the respondents to permit the petitioners to complete the B. Ed. course and take examination.
( 3 ) SINCE the issue that arise for our consideration and decision relates to the validity of admission of the petitioners-students to the B. Ed. course and cancellation thereof and since there is urgency to decide the main writ petitions expeditiously, we thought it appropriate to hear and dispose of the main writ petitions themselves. Accordingly, with the consent of the learned counsel appearing for all the parties in these writ petitions and writ appeals, the main writ petitions were heard together alongwith the writ appeals and all of them are being disposed of by this common order.
( 4 ) THE relevant facts of the case may briefly be stated as under : the Citizens Education Society represented by one Sri Y. Sanjeeva Reddy, Secretary and Correspondent of the Society, illegally started a B. Ed. College in the year 1998-99 in the name and style of Noble College of Education at Narketpalli, Nalgonda District without "no Objection Certificate" from the Government of Andhra Pradesh and without requisite permission from the National Council of Teachers Education, Bangalore and without affilation from the Osmania University as required under law and admitted 160 students unauthorisedly. In the absence of "no Objection Certificate" from the Government and without requisite permission from the National Council of Teachers Education, Bangalore and without affiliation from the Osmania University, the college was compelled to close down. However, the Government in response to several representations made by the affected students and taking sympathetic view of the matter and keeping in mind the wellbeing of the students who were admitted to the college issued G. O. Ms. No. 127, Education (SE. TRG. II) Department, dated 30-9-2000 and decided that students admitted by Noble College of Education should be allotted to other Colleges of Education in the State to enable them to complete the course during the academic year 1999-2000. the Government vide the above order directed that 160 student admitted by the Noble College of Education should be allotted to (i) Ghulam Ahmed College of Education, Banjara Hills, Hyderbad and (ii) IASE, Masab Tank, Hyderbad. 74 candidates were allotted to Ghulam Ahmed College of Education, whereas 86 candidates were allotted to IASE, Masab Tank, Hyderabad. It appears that in pursuance of the above G. O. , the allotted students joined the respective colleges and the instruction commenced on 16-10-2000. When the matter stood thus, on receipt of certain
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