IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
HIMA KOHLI, B. VIJAYSEN REDDY, JJ.
Gouthami Junior College for Girls – Appellant
Versus
The State of Telangana and Others – Respondents
W.P. Nos. 8854, 15751, 15763, 15798, 19291, 20418, 22661, 22665, 22700 of 2020
Decided On : 23-04-2021
Telangana Fire Service Act, 1999 - Section 13 - Applications - Affiliation and ordering closure - Colleges - Consequential action - Present batch of writ petitions filed by Managements of several junior colleges operating in different of parts of Telangana who are all aggrieved by order dated, passed by respondent No. 3/Director General, State Disaster Response and Fire Services of directing inclusion of buildings used for running colleges/junior colleges within definition of a ‘school’ thus making it compulsory for the petitioners to obtain a fire ‘No Objection Certificate’ for running their colleges and the order dated, passed by the respondent No. 2/Telangana State Board of Intermediate Education rejecting applications of the petitioners for affiliation and ordering closure of intermediate colleges being run by them with immediate effect- filed a public interest litigation, registered as W.P. (PIL) No. in High Court under Article 226 of Constitution of India seeking directions to TSBIE and District Intermediate Education Officers, to conduct a detailed enquiry into irregularities committed by colleges being operated by private respondent No. 9, namely Educational Institutions and private respondent No. 10, Educational Institutions respectively and take consequential action against them for failing to adhere to prescribed norms fixed by Government for operating colleges - Whether they are studying in schools, colleges, other training institutions or coaching centres – Held, petitioners were all along aware of mandatory requirement of obtaining a fire NOC and had on their own given an undertaking to furnish one to authorities - When petitioners had voluntarily given an undertaking to respondent No. 2/TSBIE that if they do not obtain a fire NOC in respect of building from where junior college was operating, they would shift the students to a fire compliant building, they must be firmly held to said undertaking - They cannot be permitted to renege by offering frivolous excuses to wriggle out of stipulations of law - In any event, petitioners were duly accommodated by the respondent No. 2/TSBIE - While rejecting their application for affiliation and ordering closure of colleges, respondent No. 2/TSBIE had directed petitioners to shift students to another suitable building for next academic year so as not to jeopardise career of students studying in said colleges - Upshot of above discussion is that impugned Circular dated issued by respondent No. 3/TSDRFS and the impugned order dated passed by respondent No. 2/TSBIE do not warrant any interference - Both are upheld as legal and valid and present petitions are dismissed.
ORDER :
1. This order shall decide the present batch of writ petitions filed by the Managements of several junior colleges operating in different of parts of Telangana who are all aggrieved by the order dated 22.02.2020, passed by the respondent No. 3/Director General, Telangana State Disaster Response and Fire Services (for short ‘TSDRFS’) of directing inclusion of buildings used for running colleges/junior colleges within the definition of a ‘school’ thus making it compulsory for the petitioners to obtain a fire ‘No Objection Certificate’ (for short ‘NOC’) for running their colleges and the order dated 24.03.2020, passed by the respondent No. 2/Telangana State Board of Intermediate Education (for short ‘TSBIE’) rejecting the applications of the petitioners for affiliation and ordering closure of the intermediate colleges being run by them with immediate effect.
2. As the reliefs prayed for in all these petitions are identical, for ease of reference, the facts narrated in W.P. No. 8854 of 2020 are being referred to hereinafter. Before adverting to the facts of the captioned case, it is considered necessary to briefly sketch out the background in which the petitioners have filed the present petitions.
3. In the year 2019, one Mr. Dantham Rajesh had filed a public interest litigation, registered as W.P. (PIL) No. 88 of 2019, in the High Court of Telangana under Article 226 of the Constitution of India seeking directions to the TSBIE and the District Intermediate Education Officers of Hyderabad, Ranga Reddy and Medchal, to conduct a detailed enquiry into the irregularities committed by colleges being operated by the private respondent No. 9, namely Sri. Chaitanya Educational Institutions and the private respondent No. 10, Narayana Educational Institutions respectively and take consequential action against them for failing to adhere to the prescribed norms fixed by the Government for operating colleges. Following was the order passed by the Division Bench on 18.12.2019, in the captioned petition:
“Having regard to the facts of the case, the respondent No. 5 is directed to file a report with regard to the number of Colleges, which have been given permission to run the Intermediate Course, sanctioned strength, addresses where they have been given permission to run and the actual place where they are running the colleges; the relevant norms and regulations governing the sanction of the Colleges and whether the respondents Nos. 9 and 10 - colleges are in compliance of the same, within a period of one month from the date of the receipt of a copy of this order.
List this case on 24.01.2020.”
4. The above order was followed by the order dated 17.02.2020, which reads as under:
“The present Writ Petition (PIL) has been filed inter-alia on the ground that the respondent No. 9, Sri. Chaitanya Educational Institutions, and the respondent No. 10, Narayana Educational Institutions, are running large number of intermediate colleges, i.e. forty-five and forty-six intermediate colleges respectively, without satisfying the conditions of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 (for short ‘the Rules’).
Mr. A. Jagan, the learned counsel for the petitioner, submits that the said Rules prescribed an elaborate procedure for grant of permission. Permissions can be granted only after the requirement of the Rules are satisfied by the junior colleges. However, despite the fact that the junior colleges do not satisfy the requirement of the Rules, they are being permitted to function in this State. Therefore, the petitioner has prayed for the relief that the Telangana State Board of Intermediate Education, the respondent No. 5, should be directed to hold a detailed enquiry into the irregularities committed by the colleges being run by the respondent Nos. 9
SupremeToday
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