Back
2023 Supreme(AP) 1090
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD, J.
India Rural Evangelical Fellowship _ Appellant
Versus
The State of A.P. Rep. by its Prl. Secretary, - Respondent
Writ Petition No. 17261 of 2016
Decided on : 20-06-2023
Advocate Appeared:
For the Appellant :Advocate- RAJA REDDY KONETI
Section 10(a) of the Women's and Children's Institutions (Licensing) Act, 1956 exempts hostels attached to or controlled by educational institutions from the purview of the Act.
Headnote:
Women's and Children's Institutions Act - Educational Institutions - Section 2(b), Section 3, Section 10(a) - The court discussed the provisions of the Women's and Children's Institutions (Licensing) Act, 1956, particularly focusing on the definitions provided under Sub-Sections (b) & (c) of Section 2 and also Section 3 and Sub-Section (a) of Section 10. The court interpreted Section 10(a) to exempt hostels attached to or controlled by educational institutions from the purview of the Act, leading to the quashing of the notices issued to the petitioner.
Fact of the Case:
The Writ Petitioner, an educational society, challenged the notices issued by the Official Respondents insisting on obtaining a license for the hostels established for the boarding of children studying in the schools run by the petitioner, contending that the institutions do not come under the purview of the Women's and Children's Institutions (Licensing) Act, 1956.
Finding of the Court:
The court found that the provisions of the Act, 1956 cannot be applied against the Educational Institutions run by the Writ Petitioner Society, and therefore, the impugned notices were quashed.
Issues: The main issue was whether the hostels attached to or controlled by the educational institutions are exempted from the purview of the Women's and Children's Institutions (Licensing) Act, 1956.
Ratio Decidendi: The court's decision was based on the interpretation of Section 10(a) of the Act, 1956, which clearly exempts hostels attached to or controlled by educational institutions from being brought under the purview of the Act.
Final Decision: The Writ Petition was allowed, and the impugned notices were quashed. The court clarified that the Educational Institutions run by the Writ Petitioner Society are exempted from the purview of the Act, and the Official Respondents cannot insist on obtaining a license under the Act, 1956 for the hostels attached to or controlled by the educational institutions.
ORDER :
Heard Sri Raja Reddy Koneti, Ld. Counsel for the Writ Petitioner and Sri A.Sanmukha Reddy, Ld. Assistant Government Pleader for Women Development and Child Welfare appearing for Respondent Nos.1 to 4.
2. The prayer sought in the present Writ Petition is as under:
“It is prayed that the Hon’ble Court may be pleased to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in insisting and issuing notices to the petitioner to obtain license for the hostels established for the boarding of the children studying in the schools run by the petitioner as illegal, arbitrary and contrary to the Provisions of The Women’s and Children’s Institutions (Licensing) Act, 1956 (Central Act No.105 of 1956) and consequently direct the respondents not to insist the petitioner to obtain the said license in the interest of justice and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”
3. This Writ Petition has been filed by the Society titled as India Rural Evangelical Fellowship. The core objective of the Society is to run Educational Institutions. About eight Educational Institutions are being run by the Society which are as under:
“1. John’s Elementary School.
2. John’s High School.
3. Repalle Chiristian Junior College, Repalle.
4. Repalle Christian Degree and Post Graduate College, Repalle.
5. Repalle Christian College of Education, Repalle.
6. Repalle Christian College of Nursing.
7. IREF Institute of Elementary Teacher Education, Repalle.
8. Repalle Christian Industrial Training Institute.”
4. The Official Respondents have issued various Notices to this Writ Petitioner Society stating that the Educational Institutions being run by the Society which have hostels shall have to apply and obtain license as per the provisions of the Central Act namely the Women’s and Children’s Institutions (Licensing) Act, 1956 (Central Act No.105 of 1956) (herein after referred as “the Act, 1956”). In this regard Notices were issued to the Writ Petitioner Society on 17.12.2014 (Ex.P3) and 19.01.2015 (Ex.P1). Having been aggrieved by the above Notices, the Writ Petitioner approached this Court by filing instant Writ Petition contending that the Educational Institutions run by the Writ Petitioner Society do not come under the purview of the Act, 1956.
5. Sri Raja Reddy Koneti, Ld. Counsel for the Writ Petitioner Society has drawn the attention of this Court to the various provisions of the Act, 1956. Particularly, he has drawn the attention of this Court to the definitions provided under Sub-Sections (b) & (c) of Section 2 and also Section 3 and Sub-Section (a) of Section 10 of the Act, 1956. They are as under:
“Sub-Sections (b) & (c) of Section 2:
(a) ......
(b) “Institution” means an institution established and maintained for the reception, care, protection and welfare of women or children;
(c) “licensing authority” means the State Government or such Officer or authority as may be prescribed;
Section 3:
3. Licensing of institutions: After the commencement of this Act, no person shall establish or maintain an institution except under and in accordance with the conditions of a licence granted under this Act.
Sub-Section (a) of Section 10:
10. Act not to apply to certain institutions: Nothing in this Act shall apply to--
(a) hostels, or boarding houses attached to, or controlled or recognised by educational institutions;”
6. Having referred to the above provisions, Sri Raja Reddy Koneti, Ld. Counsel for the Writ Petitioner Society submits that the provisions are clear that the Act intends to exempt the hostels being run by the Educational Institutions from the purview of the Act.
7. Sri A.Sanmukha Reddy, Ld. Assistant Government Pleader for Women Development and Child Welfare appearing for Respondent Nos.1 to 4 has stated that the Official Respondents have filed their Counter- Affidavit. He has drawn the attention of this Court to an Order pas
