2000 Supreme(AP) 802
Andhra Pradesh High Court
Judges : V.ESWARAIAH
Azeezia Educational and Welfare Society, Nalgonda - Appellant
Versus
Prof.Pannalal, Registrar, O.U., Hyderabad - Respondent
Decided On : 10-20-00
Headnote:
Writ petition – Conviction – Imprisonment - Heard the Counsel appearing for the petitioner as well as the respondent - This contempt Case is filed to punish the respondent herein for violating the orders of this Court dated - Petitioner filed the writ petition to issue a Writ of Mandamus declaring the action of respondent herein in refusing to grant provisional affiliation to the petitioner-Society for the academic year for establishment of a college of computer and Management vide its letters dated as illegal and consequently declare that the respondent cannot refuse to grant affiliation to it on the grounds which are already approved by the aicte - Petitioner also filed seeking an interim direction to the respondent herein to grant provisional affiliation to the Society in terms of approval of AICTE letter dated for the academic year to start MCA course pending disposal of the writ petition – Held, - In the light of the continued defiant attitude that is being exhibited by the contemnor, court have no option except to hold the action of the contemnor is nothing but flagrant violation of the order of this Court and it is not a case for accepting the unconditional apology offered by him to save himself from the contempt proceedings but not with any real intention - If the intention of the contemnor in offering unconditional apology is a bona fide one, nothing prevented him from implementing the order of this Court even at this belated stage as the approval given by the AICTE in its proceedings dated enures for the academic year if the petitioner-Society cannot start the programme during the academic year - Accordingly, the apology offered by the contemnor is rejected and he is sentenced to Simple Imprisonment till the rise of the Court and a fine of , in default, he shall undergo Simple imprisonment for a period of weeks -
( 1 ) HEARD the Counsel appearing for the petitioner as well as the respondent. This contempt Case is filed to punish the respondent herein for violating the orders of this Court dated 2-5-2000 granted in w. P. M. R 8691/2000 in W. P. No. 6583/2000.
( 2 ) THE petitioner filed the writ petition to issue a Writ of Mandamus declaring the action of respondent herein in refusing to grant provisional affiliation to the petitioner-Society for the academic year 1999-2000 for establishment of a college of computer and Management vide its letters dated 14-2-2000 and 22-3-2000 as illegal and consequently declare that the respondent cannot refuse to grant affiliation to it on the grounds which are already approved by the aicte.
( 3 ) THE petitioner also filed W. P. M. P. No. 8691/2000 seeking an interim direction to the respondent herein to grant provisional affiliation to the Society in terms of approval of AICTE letter dated 17-12-1999 for the academic year 1999-2001 to start MCA course pending disposal of the writ petition.
( 4 ) FEW facts leading to the filing of the case are as follows:- The respondent- university, by letter No. 3147/h/1220/99- 2000/acad. III-1, dated 18-11-1998 issued no Objection Certificate to the petitioner-Society on the basis of the recommendation of the Inspection Commission for starting mca course along with other colleges and directed the society to approach All India council for the Technical Education for permission to start the programme during the academic year 1999-2000. Based on the no Objection Certificate issued by the respondent, petitioner-Society approached all India Council for Technical Education, for starting the college. After due consultations with the Government of andhra Pradesh and the respondent-University and on the basis of the recommendations of the Sub-Committee of all India Board of Computer Sciences and expert Committee accorded approval by its letter dated 17-12-1999 to Azeezia educational and Welfare Society to start the course in Master in Computer Application (3 years Full Time) with annual intake of 30 students during the academic year 1999-2000, provided minimum number of academic days as decided by the concerned university could be made up from then on, failing which the said approval may be deemed approval for the academic year 2000-2001. The said approval was accorded subject to fulfillment of general conditions specified in Annexure-I and as per the norms and standards of AICTE. This approval was given only for one academic year with a condition that the Management shall fulfill all requirements to facilitate the expert Committee to visit and assess whether the norms and standards as stipulated by AICTE are fulfilled or not and then only the continuation of the permission or otherwise shall be intimated. It is further stated in the said letter that in the event of infringement, contravention or non-compliance of the norms and standards as prescribed by AICTE, the Council shall take further action to withdraw the approval and the liability arising out of such withdrawal will be solely that of the management. The said letter was marked to the respondent-University requesting him to complete the process for affiliation for facilitating the admissions by the petitioner- society. In the said letter that the petitioner- society was directed to shift the college from the temporary address to the permanent accommodation after approval by the Council within two years from the date of the approval and the college shall not shift to any unapproved location.
( 5 ) BASED on the said approval and the letter of the Commissioner for Technical education dated 10-1-2000, the Government of Andhra Pradesh issued orders in g. O. Ms. No. 8 Higher Education (E. C. I.) department, dated 17-1-2000 permitting the azeezia Educational and Welfare Society for conducting MCA (FT) programme permitting the petitioner-Society to establish the proposed college temporarily at building Nos. 5