Kakatiya Degree College v. The State Of Telangana,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 18972 of 2016 ORDER:

The present Writ Petition came to be filed with the following prayer:

"Issue writ of mandamus declaring the action of the second respondent in not processing the applications of the petitioners seeking additional sections/groups submitted in pursuance of the Notification No.TSCHE/AC/SECY/LAW/HMC/UG/PG-2016, dated 05.02.2016, as illegal, arbitrary and violative of Article 14 of the Constitution of India and violative of the principles of Promissory Estoppel and consequently direct the respondents to inspect the facilities of the petitioners and grant permission and affiliations to the petitioners."

The averments in the affidavit filed in support of the writ petition would show that the petitioners herein are colleges imparting training in undergraduate courses. In pursuance of the permission accorded by the second respondent for starting a degree college, the respective universities had accorded affiliations in favour of the petitioners' institutions. In the month of February, 2016, the second respondent issued a notification inviting applications from registered educational societies for starting unaided UG, PG and Law Courses in the existing aided/unaided degree/law colleges for the academic year 20162017. The last date of submission of applications was 06.03.2016, which was extended till 15.03.2016. Pursuant to the said notification, the petitioner made an application and the Vigilance Team, appointed by the third respondent inspected the

college of the petitioners. The Vigilance Team found that the petitioners have more space than the prescribed norms. The averments in the affidavit would show that the petitioners have paid substantial amount towards processing charges and also deposited Rs.5.00 lakhs to show their solvency. It is averred that though the entire process has to be completed by May, 2016, till date physical inspection of the premises, which is to be conducted by a Joint Inspection Committee consisting of three members, is not done. It is further submitted that if committee is not appointed and inspection is not done, the petitioners would be put to great loss, as the counselling for the students would be completed by 08.06.2016 and the first list of seat allotment would also be issued on 10.06.2016. The unfilled seats would be allotted by way of a second list on 25.06.2016. In view of the above, the petitioners seek appointment of a Joint Inspection Committee and granting affiliation to the college by the second respondent.

Heard learned counsel for the petitioners, Government Pleader for Higher Education, Sri A.Abhishek Reddy, learned Standing Counsel for respondent No.2 and Sri Praveen Kumar Veerjala, learned Standing Counsel for respondent No.3. As seen from the record, the students have to register their options with web site between 20.05.2016 and 06.06.2016 and subsequent registrations on 07.06.2016 and 08.06.2016 would be permitted with late fee of Rs.500/-. Thereafter, the registration would be get closed and the first list of seats allotment would be issued on 10.06.2016. It is an admitted fact that the students would be granted time upto 20.06.2016 to report to their respective colleges for commencement of first semester courses

from 22.06.2016. The unfilled seats would be allotted by way of second list on 25.06.2016 by granting time to the allottees to report to their respective colleges by 30.05.2016. If any seats are left unfilled after these two rounds of counseling, they would be filled up by last phase of web options between 30.06.2016 and 01.07.2016.

The Government Pleader for Education submits that the process of appointment of Joint Inspection Committee and they inspecting the colleges may take atleast two or three weeks. He submits that after the report is received from the committee, the petitioners have to apply for affiliation and if affiliation is granted, the petitioners can admit the students into the courses offered. Having regard to the submissions made, the respondents are directed to appoint Joint Inspection Committee consisting of three members as early as possible, preferably, within a period of two (02) weeks from today, who after following the due process shall submit a report to the third respondent.

If the report is in favour of the petitioner, the third respondent shall consider the case of the petitioner in granting affiliation to the courses for the academic year 2016-2017 in accordance with law. After granting affiliation and if any time is left, the petitioner may be allotted the un-filled seats in the second and third phase of the counselling and also spot admission. It is to be noted that the petitioner shall be entitled for allotment, if the process referred to above is completed within the time frame fixed for counseling and in any event not beyond 30.06.2016. If the process could not be completed within the period referred to above, the petitioner would not be entitled for allotment of seats unless the date for second and third counseling is extended.

With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel thereto, Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand dismissed. _________________________ JUSTICE C. PRAVEEN KUMAR 14.06.2016 gkv