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1996 Supreme(AP) 1157

Andhra Pradesh High Court
Judges : B.V.RANGA RAJU, S.PARVATHA RAO
M.Sanjeeva Reddy - Appellant
Versus
State Convenor, (T.T.C.Course) - Respondent
Decided On : 11-14-96

Headnote:

Andhra Pradesh Educational institutions ( (Regulation of Admissions into Teacher Training Course through common Entrance Test) Rules, 1990 - Section 3 read with Section15 - Earlier Andhra Pradesh Educational Institutions (Admission of Students into Teacher training Institutions) Rules, 1986 - Sections 3 and 4 read with Section 15 - Andhra Pradesh Educational Institutions (Regulation of Admission and prohibition of Capitation Fee) Act, 1983 - Andhra Pradesh Education act, 1982 - Sub-section (4) of Section 21 – Constitution of India, 1950 - Article 32 - Andhra Pradesh (Andhra Area) agriculturists Relief Act, 1938 - Section 4 (e) - Special Entrance Test - Teacher Training Certificate - Court have to mention in brief background for issuance of G. O. Ms. Paragraph of that G. O. itself gives background in part as follows in a number of Teacher Training Institutes sprang up unauthorized without prior permission of Government contrary to provisions contained in Section 20 of Andhra Pradesh Education act 1982 - Government have rejected request of private teacher Training Institutes and for subsequent period - Orders were also issued to effect that question of permitting said Teacher Training Certificate Examination does not arise under clause (6) of sub-section (4) of Section 21 of Andhra Pradesh Education act, 1982 - This resulted in extensive litigation - Litigation came to an end with judgment of Supreme Court in w. P – Held, Government has no such power and Act and Rules made thereunder cannot be allowed to be overturned that way - Unauthorized petitioner-institutes cannot seek their illegitimate students to be admitted into Government T. T. Is. for participating in an unauthorized course through Special Entrance Test conducted by government in contravention and violation of provisions of Act and Rules made thereunder - These writ petitions are preferred by students of unauthorized T. T. Is. during years for permitting them to appear for special Entrance Test pursuant to G. O. Ms. - In view court have taken it is not necessary to go into specific objections raised in counter affidavits filed in some of these writ petitions - For reasons stated while disposing of earlier writ petitions these writ petitions are also dismissed - No costs Writ Petition - petitioner presented this writ petition seeking postponement of Special Entrance Test to be held on ground that no proper notification was given - As court have held that G. O. Ms and Special Entrance Test held pursuant to said G. O. are unauthorized and contrary to law this writ petition has to be dismissed and is accordingly dismissed - No costs - Writ Petition – Petition dismissed

S. PARVATHA RAO, J.

( 1 ) THE relief sought in this batch of writ petitions depends on the validity of the Special Entrance Test conducted on 24-12-1995 exclusively for all the students who studied in unrecognized private Teacher Training Institutes during the years 1983-84 and 1984-85 to permit those successful in the said test to undergo a six month crash course in Government Teacher Training institutes as per the decision taken by the Government of Andhra Pradesh in G. O. Ms. No. 170, Education (S. S. E.) Department dated 9-5-1989.

( 2 ) THE validity of this test and the decision taken by the Government under that G. O. has to be tested on the basis of the Andhra Pradesh Educational institutions ( (Regulation of Admissions into Teacher Training Course through common Entrance Test) Rules, 1990 (for short the 1990 Rules) and the earlier andhra Pradesh Educational Institutions (Admission of Students into Teacher training Institutions) Rules, 1986 (for short the 1986 Rules ), both made under the Andhra Pradesh Educational Institutions (Regulation of Admission and prohibition of Capitation Fee) Act, 1983 (for short the Act ) - the 1986 Rules were made in exercise of the powers under Section 3 read with Sec. 15 of the act, and the 1990 Rules were made in exercise of powers under Sections 3 and 4 read with Section 15 of the Act in supersession of the 1986 Rules.

( 3 ) WE have to mention in brief the background for the issuance of G. O. Ms. No. 170. Paragraph 2 of that G. O. itself gives the background, in part, as follows:"in 1983-84 a number of Teacher Training Institutes sprang up unauthorisedly without prior permission of the Government contrary to the provisions contained in Section 20 of the Andhra Pradesh Education act 1982. The Government have rejected the request of the private teacher Training Institutes during 1983-84 and for subsequent period. Orders were also issued to the effect that the question of permitting the said Teacher Training Certificate Examination does not arise under clause (6) of sub-section (4) of Section 21 of the Andhra Pradesh Education act, 1982 (Act No. 1 of 1982 ). This resulted in extensive litigation. The litigation came to an end with the judgment of the Supreme Court in w. P. No. 12697/85 dated 7-5-1986. (Nageswammma vs. State ofap. ). The supreme Court in the said Judgment has observed that the Government issued a series of press notes warning the prospective students of the institutions that they would not be allowed to appear for the T. T. C. examinations. Permitting the students to appear for the Examination would be practically encouraging and condoning the establishment of such unauthorised Institutions. "in Nageswammma s case, the Supreme Court held as follows:"these institutions were established and the students were admitted into these institutes despite a series of press notes issued by the Government. If by a fiat of the Court we direct the Government to permit them to appear at the examination we will practically be encouraging and condoning the establishment of unauthorised institutions. It is not appropriate that the jurisdiction of the Court either under Article 32 of the Constitution or Article 226 should be frittered away for such a purpose. The Teachers Training Institutes are meant to teach children of impressionable age and we cannot let loose on the innocent and unwary children, teachers who have not received proper and adequate training. True they will be required to pass the examination but that may not be enough. Training for a certain minimum period in a properly organised and equipped Training Institute is probably essential before a teacher may be duly launched. We have no hesitation in dismissing the writ petitions with costs. "the G. O. recites that subsequent to that decision of the Supreme Court, many representations were received by the Government from all quarters requesting the Government that the students of 1983-84 and 1984-85 batches who underwent traini























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