Andhra Pradesh High Court
Judges : BILAL NAZKI, V.ESWARAIAH
Pannalal, Registrar, Osmania University - Appellant
Versus
Holy Bharathi, P.O.College, Vanasthalipuram - Respondent
Decided On : 10-20-00
Constitution of India - Article 14 - Writ Petition – Education - This appeal has been filed by the registrar of the who was respondent in the Writ Petition - Has filed counter, other respondents were not summoned as it was not felt necessary to hear them for the disposal of this appeal - Order challenged in this appeal is the order in Contempt Case No- Of which only the respondent No - In the petition is aggrieved - There are no directions against respondents in the order passed in the contempt petition - Therefore, this Court thought it fit not to give any notice to respondents - This appeal is also in a very short compass and the appellant s contention is that the order passed by the learned Single Judge of this court in a Contempt Petition could not have been passed in the facts and circumstances of the case - It is also contended that the order enlarges the scope of the order which was passed in the Writ petition - Therefore, the order would not sustain – Held, - Secondly court contended that the order passed by the University was result of colourable exercise of power - This may, or may not be true but for the reasons given by court hereinabove, this could not be gone into in contempt proceedings - Whether the power exercised by the appellant-respondent in rejecting the application for affiliation was colourable exercise of power or not could be gone into in appropriate proceedings - Even otherwise, no material has been placed before this Court by which this Court could come to the conclusion that it was a colourable exercise of power - For all these reasons, we find that the order of the learned Single Judge cannot sustain - Therefore, the appeal is allowed - Order of learned Single Judge is set aside - contempt is closed - However, the petitioner shall be at liberty to challenge the order dated in appropriate proceedings, if so advised - No costs - This Court has refrained from making any observation or expressing any view about the legality or otherwise of the order dated for obvious reasons, but in order to decide this appeal, if at all any such view is evident, that shall not be taken as expression of any opinion on the legality or otherwise of the order dated – Allowed accordingly.
( 1 ) THIS appeal has been filed by the registrar of the Osmania University who was respondent No. 3 in the Writ Petition. Respondent No. I who was writ petitioner has filed counter, other respondents were not summoned as it was not felt necessary to hear them for the disposal of this appeal.
( 2 ) THE order challenged in this appeal is the order in Contempt Case No. 1232 of 2000 of which only the respondent No. 3 in the writ petition is aggrieved. There are no directions against respondents 2 to 4 in the order passed in the contempt petition. Therefore, this Court thought it fit not to give any notice to respondents 2 to 4. This appeal is also in a very short compass and the appellant s contention is that the order passed by the learned Single Judge of this court in a Contempt Petition could not have been passed in the facts and circumstances of the case. It is also contended that the order enlarges the scope of the order which was passed in the Writ petition. Therefore, the order would not sustain.
( 3 ) BEFORE coming to the arguments, a short resume of facts is necessary to be given. The respondent No. 1 (hereinafter referred to as writ petitioner ) filed the Writ petition being W. P. No, 21275/2000. This was allowed by judgment dated 25-7-2000. The writ petitioners are running a college and they wanted to start course of M. B. A. For the purpose of starting the course of m. B. A they got necessary permission from the All India Council for Technical education (hereinafter referred to as aicte ), but they were not able to get affiliation from the respondent-University. The reliefs claimed in the Writ Petition are given below:" (A) declaring the action of the 2nd respondent-University in returning the petitioner s request for grant of affiliation for the petitioner college to conduct MBA (FT) programme for the academic year 1999-2000, vide its letter dated 6-10-99, as arbitrary, illegal without jurisdiction contrary to the provisions of the Jawaharlal Nehru technological University Act and in violation of Article 14 of the constitution of India and for a consequential direction to the 1st respondent herein to either direct the 2nd respondent JNTU to grant affiliation to the petitioner college for the academic year 1999-2000 forthwith, or direct the 3rd respondent Osmania University to consider the application submitted by the petitioner to the 2nd respondent JNTU treating the same as application submitted to the 3rd respondent Osmania University and then grant affiliation to the petitioner college for conducting mba programme for the academic year 1999-2000; and pass such other order or orders as this Hon ble court may deem fit and proper. (b) direct the 2nd respondent JNTU to consider grant of affiliation to the petitioner college for conducting mba (FT) programme for the academic year 1999-2000 without any regard being shown to the grounds mentioned in the impugned proceedings dated 6-10- 99. (c) or alternatively, direct the 3rd respondent-Osmania University to consider the petitioner s request for grant of affiliation to the petitioner college for conducting MBA programme treating the application submitted by the petitioner to the 2nd respondent JNTU as the application submitted to the 3rd respondent Osmania University for grant of affiliation for conducting mba (FT) programme for the academic year 1999-2. 000. (d) direct the 4th respondent to ensure that either the 2nd respondent jntu or the 3rd respondent osmania University would consider the application of the petitioner on merits for grant of affiliation for conducting MBA/ mca programme, within 7 days to enable the petitioner to commence the course of study of MBA (FT) immediately. "the Writ Petition was resisted on various grounds by the University. One of the contentions put forth by the University was that the approval given by the AICTE to the writ petitioner was with reference to another University known as Jawaharlal nehru Technological Univers
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