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DHIRAJ SINGH THAKUR, NINALA JAYASURYA
Adithya Junior College – Appellant
Versus
Sri Akshara Junior College – Respondent
JUDGMENT :
Ninala Jayasurya, J.
The writ appellant-Aditya Junior College / 3rd respondent in W.P.No.1379 of 2023, aggrieved by the Orders dated 28.06.2023 passed by the learned Single Judge in allowing the said writ petition, filed Writ Appeal No.537 of 2024. Against the orders dated 10.05.2024 dismissing the Review Petition, the said College filed Writ Appeal No.536 of 2024.
2. Challenging the proceedings of disaffiliation of the College, dated 29.05.2024 as a consequence of the orders under challenge in the Writ Appeals, it filed W.P.No.12220 of 2024.
3. For the sake of convenience, the parties are referred to as arrayed in W.P.No.1379 of 2023.
Brief facts:
4. The writ petitioners are junior colleges located in Cheepurupalli of Vizianagaram District and imparting education to the intermediate students. Initially, they filed W.P.No.18717 of 2022 aggrieved by the purported action of the Secretary, Board of Intermediate Education / 2nd respondent to grant permission to one “Sri Aditya Junior College” established by “Sri Sai Sahasra Educational Society” to shift the said college from Garividi Village, Vizianagaram District to Cheepurupalli Village, without following due procedure of Law. A
The establishment of educational institutions must comply with statutory provisions, ensuring local educational needs are assessed to prevent unhealthy competition.
The right of minority educational institutions to establish colleges is subject to satisfying statutory conditions of need and infrastructure as per the Andhra Pradesh Education Act.
The government policy on educational institution permissions must align with local needs as mandated by legislation, prioritizing educational access.
State-imposed conditions for educational affiliation that contradict AICTE approval undermine institutional autonomy and are unconstitutional.
Notification for starting a new education institution - Permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior exp....
The main legal point established in the judgment is that an order passed without jurisdiction is a nullity and cannot sustain in the eye of the law.
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
All education is expected to be liberal. It should free us from shackles of ignorance, prejudice and unfounded belief. If we are incapable of achieving good life, it is due to faults in our inwards b....
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