Ahmed Memorial Educational Society, v. 0smania University,
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos. 34058, 36561, and 36570 of 2015, 4697 and 6587 of 2016, 5215, 5233, 18781 and 23499 of 2017 COMMON ORDER:
These writ petitions are being disposed of by this common order as they relate to the same subject matter. W.P.Nos.34058, 36561 and 36570 of 2015 are filed challenging the action of respondent No.1-University in not granting affiliation to petitioner No.2-Institutions. W.P.No.4697 of 2016 is filed for ratification of the students admitted pursuant to the interim directions issued in the above three writ petitions.
W.P.Nos.6587 of 2016 and 5215 & 5233 of 2017 are filed for issuance of Hall Tickets and to permit the students of petitioner No.2-Institutions to write the examinations of B.Ed. Course.
W.P.Nos.18781 and 23499 of 2017 are filed to declare the results of the students of petitioner No.2-Institutions of B.Ed. Course.
It is the common case of the petitioners in W.P.Nos.34058, 36561 and 36570 of 2015 that the National Council for Teacher Education granted recognition for two academic years commencing from 2015-16 for imparting education in B.Ed. Course, but the University rejected to grant affiliation on the ground that the Institutions were located in the leased premises. In those circumstances, the petitioners filed W.P.Nos.34058,
36561 and 36570 of 2015 and this Court by order, dated 09.11.2015, issued interim direction to respondent No.1University to treat the Institutions as validly affiliated for the academic year 2015-16 by suspending the proceedings issued by it rejecting affiliation. Pursuant to the said interim order, petitioner No.2-Institutions submitted the list of students for ratification of the Telangana State Council for Higher Education, which approved the same and permitted the students for counselling. Accordingly, the students pursued their courses of study. It appears that during the year 2016-17, petitioner No.2-Institutions shifted from the leased premises to their own premises and respondent No.1 granted affiliation in respect of the Institutions for the academic year 2016-17.
When the Hall Tickets of the students, who were pursuing their B.Ed. Course pursuant to the interim order, dated 09.11.2015, passed in W.P.Nos.34058, 36561 and 36570 of 2015, were not issued to write the examinations of B.Ed. Course, W.P.Nos.6587 of 2016 and 5215 & 5233 of 2017 are filed. When the results are not declared, W.P.Nos.18781 and 23499 of 2017 are filed.
The affiliation relates to the eligibility of the Institutions for imparting education. It is not in dispute that the National Council for Teacher Education had already recognized the Institutions for B.Ed. Course and respondent No.1 did not grant affiliation on the ground that the Institutions are running in the leased premises.
Now, it is stated by the learned counsel for the petitioners and not disputed by the learned Standing Counsel that the Institution in W.P.No.36561 of 2015 is shifted to its own premises, whereas the Institution in W.P.No.36070 of 2015 is closed, but, the students, who were admitted during the year 2015-16, continued the B.Ed. Course and the term would come to an end in September/October, 2017.
Since this Court had already passed interim orders, by virtue of which, the students were admitted into B.Ed. Course and pursued their studies and the Institution in W.P.No.36561 of 2015 was running in its own premises, respondent No.1-University shall not withhold the results on the ground that no affiliation was granted during the year 2015-16.
In the circumstances and in view of the subsequent events, these writ petitions are allowed and respondent No.1-University is directed to permit the students of petitioner No.2-Institutions in W.P.No.34058, 36561 of 2015 and 36570 of 2015 to write the examinations of B.Ed. Course for the academic years 2015-16 and 2016-17 and to declare the results, without any further delay. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:17.08.2017 kdl