Vishwa Bharathi D.Ed., College, v. The State Of Telangana, Rep.By Its Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5754 of 2015 BETWEEN Vishwa Bharathi D.Ed. College and others.
... PETITIONERS AND The State of Telangana, Rep. by its Principal Secretary, School Education Department, Secretariat, Hyderabad and two others. ...RESPONDENTS Counsel for the Petitioners: MR. S.A.K. MYNODDIN Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following:
ORDER:
Heard learned counsel for the petitioners and learned Government
Pleader for School Education.
2. Petitioners herein state that each one of them are granted certificate by the National Council for Minority Educational Institution, Government of India, certifying them as minority educational institutions. Petitioners state that in order to enable them to participate in SW-II counseling for the year 20142015, the Director of School Education insisted upon the institutions to obtain No Objection Certificate from the District Fire Officer showing compliance of fire safety norms.
3. A group of similarly situated institutions approached this Court in WP.No.4310 of 2015 and by order dated 25.02.2015, the time for submission of NOCs by the petitioners therein was extended up to 31.03.2015. Similar order was also passed in WP.No.5170 of 2015 dated 03.03.2015 by way of an interim order, as the learned Government Pleader was not present in that case.
4. Petitioners herein state that they have individually submitted NOC obtained from the District Fire Officer between 25.02.2015 and 28.02.2015. However, the Director of School Education has not accepted the said certificates on the ground that they were submitted after the cut-off date 31.01.2015 and declined to permit the petitioner institutions to participate in SW-II counseling for the year 2014-2015. Aggrieved thereby, the present writ petition is filed.
5. It is not in dispute that the petitioners are minority institutions and their cases are required to be considered in the similar manner as the petitioners in WP.No.4310 of 2015, referred to above and thereby, the time for submitting the NOC obtained from the District Fire Officer is required to be extended up to 31.03.2015 as was granted in the aforesaid order. In view of that, the petitioners are granted time up to 31.03.2015 to submit their NOC, as above. However, in view of the case of the petitioners that they have
submitted the NOC, as referred to above, the Director of School Education shall reconsider the proceedings dated 04.03.2015 and pass appropriate orders in accordance with law in the matter based on the NOC submitted by the petitioners and if the petitioners have satisfied the requirement, they shall be included in SW-II counseling for the year 2014-2015. The writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_____________________ VILAS V. AFZULPURKAR, J March 9, 2015 Note: Furnish C.C. of the order by 11.03.2015. (B/o) DSK