Mam Memorial Service Society v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.23664 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus declaring the inaction of the respondent University in considering and passing orders on the application of the petitioners dated 04.07.2015 for starting Horticultural Polytechnic College despite the petitioners complying with all the requisite requirements as being illegal, arbitrary, unconstitutional and consequently direct the respondent university to forthwith pass orders on the application of the petitioners dated 04.07.2015 and accord permission in favour of the 2nd petitioner institution for starting Horticultural Polytechnic College.

2. Heard Sri P.Pandu Ranga Reddy, learned counsel for the petitioners and Sri C.Srinivas Baba, learned Government Pleader for Education (A.P.). The learned counsel for both the parties, in one voice, submitted that this court, in similar set of facts, in WPMP No.5333 of 2016 in W.P. No.4160 of 2016, passed the interim order directing the Vice Chancellor and the Registrar of the second respondent-Dr.Y.S.R. Horticultural University, to consider the application dated 04.7.2015 of the petitioner-Educational Society therein, for establishment of Horticulture Polytechnic. The interim relief and main relief sought by the petitioners herein is identical to the above referred writ petition.

3. Having regard to the facts and circumstances of the case and also in view of the interim order of this court in WPMP No.5333 of 2016 in W.P. No.4160 of 2016, the second respondent is hereby directed to consider the representation of the petitioner dated 04.7.2015 for establishment of Horticulture Polytechnic College and pass appropriate orders within a period of one month from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. Miscellaneous petitions if any pending in this writ petition shall stand closed.

__________________________ (T.SUNIL CHOWDARY, J) July 21, 2016.

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