Urdu Education Board v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SEVENTH DAY OF JULY, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI DILIP B. BHOSALE, THE ACTING CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE S.V.BHATT WA .NO: 562 of 2015 (Writ Appeal under Clause 15 of the Letter Patent Rules filed against order, passed by the learned Single Judge in WPMP No.5958 of 2015 in WP.No.4500 of 2015, dated 31-03-2015 on the file of the High Court) Between:
Urdu Education Board, Rep. by its Chairman, Mrs. Seema Hasan W/o.
N-5 Sailing Club Road, Jamia Nagar, New Delhi-25. ..... Appellant/ Petitioner AND 1 The State of Telangana, Rep. by its Principal Secretary, Higher Education Department, Telangana Secretariat, Hyderabad, Telangana State.
2 The State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, A.P. Secretariat, Hyderabad, Telangana State. 3 The Board of Intermediate, Andhra Pradesh, Rep. by its Secretary, Vidya Bhawan, Nampally, Hyderabad.
4 The Board of Intermediate, Telangana State, Rep. by its Secretary, Vidya Bhawan, Nampally, Hyderabad.
.....Respondents The Appeal coming on for hearing, upon perusing the Memorandum of grounds filed herein and upon hearing the arguments of Sri Pratap Narayan Sanghi, Advocate for the Appellant, G.P. for Higher Education (TG) for Respondent No.1, G.P. for Higher Education (AP) for Respondent No.2, Smt. A. Padma, Standing Counsel for Respondent No.3 and Sri A. Abhishek Reddy, learned counsel for respondent No.4, the Court made the following ORDER:
This writ appeal is directed against the order, dated 31.03.2015, passed in WPMP No.5958 of 2015 in W.P.No.4500 of 2015, whereby the appellant's prayer for interim relief has been rejected. The appellant filed the writ petition challenging the order, dated 27.01.2015, passed by the Board of Intermediate Education, whereby their request, seeking equivalence certificate, has been rejected.
The appellant-institution claims that they have about ten junior/ degree colleges in the State of
Andhra Pradesh.
Learned counsel for the appellant invited our attention to the list of these colleges annexed to the appeal (see page 62). He submits that all the colleges have infrastructure that is necessary for running secondary and senior secondary courses as claimed by the appellant-institution. He further submits that the appellant-institution run their courses in these ten colleges. In other words, he submits that all the colleges are affiliated to the appellant-institution/Board.
On the other hand, Mr.A.Abhishek Reddy, learned counsel for respondent No.4, submits that though the appellant claims that they run colleges, these colleges are only on paper. He submits that none of the colleges has any infrastructure as such and students, attending colleges regularly.
This submission was opposed by learned counsel appearing for the appellant contending that it is not open for respondent No.4 to make such submission, since they did not file counter-affidavit in the writ petition. On this technicality, we are not prepared to overlook the submission made by learned counsel for respondent No.4, since it involves the career of young students. We would like to, therefore, verify the submission made by learned counsel for respondent No.4 by issuing the following directions:
"The Principal District Judge, Kadapa shall personally inspect the following four colleges within a period of three weeks from today. "1.Students Educational Academy, C/o.C.R.Reddy Degree College, Rayachoty, District Kadapa-516269 (AP). 2 . Vani Junior College, Under Vani Educational Society, Tadpatri, Anantapur-515411(AP).
3. Narmada UP School, Under Vishwan Rural & Educational Development Society, Prodattur, District Kadapa-516360 (AP). 4 . Geethanjali Junior College, Under Sai Venkateswara Educational Society, 6/127-A, R.S. Road, Rajampet, District Kadapa-516115 (AP)."
Similarly, the Principal District Judge, East Godavari shall visit the following two colleges and submit the reports before the next date: 1.Sri Venkateswara College of Arts and Science, College Road, Bhupayya Agraharan, District East Godavari, Amalapuram-533201 (AP).
2. Smt.Barre Subhalakshmi Ratnam Junior College, Under Churches of Charist, Rampachodavaram, S.B.R.S. Junior College, Main Road, Gokavaram, District East Godavari, Gokavaram Mandal-533286 (AP).
During inspection, the Principal District Judges, shall find out whether colleges have any infrastructure to run the colleges, whether the appellant-Board have any students or teachers on the roll, if yes, collect the list of students and teachers and copies of all necessary registers maintained by the appellant.
The PDJs may also find out whether the appellant-Board conduct any examinations and students, if any, appear for examinations. In short, it may be examined whether the colleges are genuine and the claim of the appellant is true.
Stand Over to 28.07.2015. The Principal District Judges are directed to submit their reports in a sealed cover before the next date." The Registry is directed to forward this order along with the set of writ appeal to learned Principal District Judges for complying this order forthwith.
Sd/- P. SREENIVASULU ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal District Judge, Kadapa. (By Speed Post along with set of Writ Appeal) 2 The Principal District Judge, East Godavari, at Rajahmundry (By Speed Post along with set of Writ Appeal) 3 The Principal Secretary, Higher Education Department, State of Telangana, Telangana Secretariat, Hyderabad, Telangana State. 4 The Principal Secretary, Higher Education Department, State of Andhra Pradesh, A.P. Secretariat, Hyderabad, Telangana State. 5 The Secretary, Board of Intermediate, Andhra Pradesh, Vidya Bhawan, Nampally, Hyderabad.
6 The Secretary, Board of Intermediate, Telangana State, Vidya Bhawan, Nampally, Hyderabad.
(Addressees 3 to 6 BY RPAD) 7 The Registrar (Judicial), High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh 8 One CC to Sri Pratap Narayan Sanghi, Advocate (OPUC) Two CCs to the G.P. for Higher Education (Telangana), High Court, Hyderabad. (OUT) 10 Two CCs to the G.P. for Higher Education (A.P.), High Court, Hyderabad. (OUT) 11 Two spare copies.
nnr HIGH COURT
HACJ & SVB,J DATED: 07-07-2015 NOTE: Stand over to 28-07-2015
ORDER
W.A. NO. 562 OF 2015 DIRECTION
HIGH COURT Nnr Date of Drafting : 10-07-2015 HACJ & SVB,J DATED: 07-07-2015 NOTE: Stand over to 28-07-2015
ORDER
W.A. NO. 562 OF 2015 DIRECTION