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High Court for State of TelanganaWP/4770/2018disposed of no costs

Sri Raja Rajeshwara Educational Society v. State Of Telangana

2018-02-15A V Sesha Sai3 pages

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.4770 of 2018 O R D E R:

Heard the learned counsel for the petitioners and Sri Abhisekh Reddy for the respondents 2 and 4 and Sri Adhi Venkateswar Rao for R.3. 2.

The third respondent/Kakatiya University vide Lr.No.01/CDC/KU/2017, dated 03.01.2017, expressed its No-Objection for change of affiliation of the petitioner institution from JNTU, Hyderabad to Kakatiya University, Warangal to offer B.Pharmacy and M.Pharmacy (Pharmaceutics & Pharmacology) Courses from the academic year 2017-2018. The Pharmacy Council of India and the AICTE also granted approval on 10.04.2017 and 12.08.2017 respectively. Earlier petitioners herein filed W.P.No.40757 of 2017 questioning the inaction on the part of the respondents in considering the application for issuance of No-Objection certificate. This Court disposed of the said writ petition, by way of an order dated 04.12.2017, which reads as follows:

"The petitioners complain inaction in disposing of their request made for change of affiliation from respondent No.2 to respondent No.3.

Mr Abhishek Reddy appearing for 2nd respondent submits that the 2nd respondent will look into the request and dispose of the applications within two (02) weeks from the date of receipt of a copy of this order.

The statement is placed on record.

Writ petition is disposed of accordingly. No order as to costs. Miscellaneous Petitions, if any pending, stand closed." 3.

Thereafter, petitioner herein made an application on 08.12.2017 with a request to process the application by enclosing a copy of the above said order passed by this Court and to issue No-Objection for change of affiliation. By way of the impugned Lr.No.UAAC/4790/NOC/Change of University

Affiliation/2017, dated 20.12.2017, the second respondent University rejected the request of the petitioner herein while saying that as and when the State Government gives clarification, the application will be considered and necessary orders will be passed. It is brought to the notice of this Court that subsequently vide letter dated 11.01.2018 the State Government requested the Registrar, JNTU to examine the request of the petitioner institution for issuance of NoC for change of affiliation of University from JNTU to Kakatiya University as per the Rules in force and to furnish remarks for taking further action.

4.

The grievance in the present writ petition, as submitted by the learned counsel for the petitioner, is that despite the above letter dated 11.01.2018 respondent University has not taken any action in the direction of redressing the grievance of the petitioner herein. Obviously on the ground of getting clarification from the State Government the respondent JNTU rejected the request of the petitioner earlier by way of letter dated 20.12.2017. 5.

Since the State Government now by way of letter dated 11.01.2018 requested the respondent University to examine the request of the petitioner and to take action, this Court deems it appropriate to dispose of the writ petition, directing the respondents 2 and 4 to process the application of the petitioner herein in terms of the letter No.183/TE/A2/2018-1, dated 11.01.2018 and to take appropriate action within a period of one week from today. The miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date:15.02.2018 Note:

Furnish CC today.

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THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.4770 of 2018 Dated: 15.02.2018 grk