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High Court for State of TelanganaWP/22603/2015disposed of no costs

St.Daniel Christian Minority Educational Society v. The State Of Telangana]

2015-07-22A V Sesha Sai6 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:

St.Daniel Christian Minority Educational Society R/o C-102, Ravindranagar colony, Habsiguda, Hyderabad Represented by its Chairman Mrs.P.Mary & Ors. ... Petitioners V/s.

The State of Telangana Rep. by its Prl. Secretary Higher Education Department Secretariat Building, Hyderabad & Ors. ... Respondents DATE OF JUDGMENT PRONOUNCED : 22/07/2015 SUBMITTED FOR APPROVAL

1. Whether Reports of Local Newspapers May be allowed to see the judgment ? Yes/No

2. Whether the copies of judgment may be Marked to Law Reporters/Journals Yes/No

3. Whether his Lordship wish to see the fair Copy of the judgment ? Yes/No

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THE TWENTYSECOND DAY OF JULY TWO THOUSAND AND FIFTEEEN PRESENT Between:

St. Daniel Christian Minority Educational Society R/o C-102, Ravindranagar colony, Habsiguda, Hyderabad Represented by its Chairman Mrs.P.Mary & Ors. ... Petitioners V/s.

The State of Telangana Rep. by its Prl. Secretary Higher Education Department Secretariat Building, Hyderabad & Ors. ... Respondents Counsel for the Petitioners: Sri Panduranga Reddy, P. Counsel for the Respondents: GP for Higher Education [TG] A.Abhishek Reddy Standing counsel for R2 & R3

Sri K.Ramakanth Reddy for R4 The Court made the following: [order follows] WRIT PETITION NO. 22603 OF 2015 O R D E R :

This writ petition is filed under Article 226 of the Constitution of India for the following relief : To declare the action of the first respondent in deleting the approved intake of the petitioner-institution for Electrical and Electronics Engineering 60 and Mechanical Engineering 60 as approved by the AICTE vide impugned GO.Rt.No. 138, dated 27/06/2015 and to set aside the said proceedings in so far as Electrical and Electronics Engineering and Mechanical Engineering Courses in the petitioner institution with a further direction to the respondents not to interfere with the petitioner functioning in terms of the approved intake of the fourth respondent and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case.

2. Heard Sri P.Panduranga Reddy, learned counsel for the petitioners, learned Government Pleader for Higher Education for the first respondent, Sri A.Abhishek Reddy, learned standing counsel for respondents 2 and 3 and Sri K.Ramakanth Reddy,

learned standing counsel for Respondent No.4. 3.

Vide Lr.No.SBTET/B4/Insp.fee/2015-16, dated 24/06/2015 the Secretary, State Board of Technical Education and Training, Telangana State, Hyderabad, issued a notice calling upon the petitioners to show cause as to why the institution should not be de-affiliated for the academic year 2015-16 on the deficiencies stated in the annexure to the said notice.

4. It is the grievance of the petitioners that even though time was granted till 29/06/2015 for submitting explanation, the State Government-first respondent herein issued impugned G.O.Rt.No. 138, Higher Education [TE] Department, dated 27/06/2015 ordering reduction of intake of the petitioners herein. It is brought to the notice of this court that the petitioners herein submitted an application dated 16/07/2015 for consideration of the case of the petitioners herein for second phase counseling.

5. Today when the matter is taken up, the learned standing counsel Sri A.Abhishek Reddy submitted that process of counseling came to an end on 21/07/2015. The learned counsel for the petitioner has made a request that petitioners herein may be permitted to make a representation before the respondents-

authorities with a request to grant permission for participating in the spot admission process.

6. In view of the submission made by the learned counsel for the petitioners, the writ petition is disposed of, permitting the petitioners herein to make necessary application within one week from the date of receipt of copy of this order before the respondents-authorities requesting them for permission for participation in the spot admission process, and if any such application is made, the same shall be considered by the respondents-authorities within one week thereafter in accordance with law. No costs.

7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

​ _____________________ JUSTICE A.V.SESHA SAI 22/07/2015 I s L

Date:22/07/2015 Circulation No.

Court Master: I s L