Jesus Savior Of Nations (Jetson) College Of Edwalion, v. The State Of Andhra Pradesh,

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No.1293 OF 2018 JUDGMENT (ORAL): (Per The Hon'ble The Chief Justice Sri Thottathil B. Radhakrishnan) We have heard the learned counsel for the appellant-writ petitioner.

2.

Though this writ appeal is against the common order dated 24.08.2018 insofar as it relates to W.P.No.27206 of 2018, in our view the arguments advanced on behalf of the appellant exceeds the scope of relief that was sought for in that writ petition. The only relief sought for in that writ petition was for a direction to the Registrar, Andhra University, to act on the basis of G.O.Rt.No.140 dated 09.07.2018 issued by the State of Andhra Pradesh. The learned Single Judge, at the hearing of that writ petition, noted that the Government had come out with yet another Government Order which is G.O.Rt.No.182 dated 21.08.2018 as per which G.O.Rt.No.140 dated 09.07.2018 has been suspended for the time being. G.O.Rt.No.182 dated 21.08.2018 is stated to have been challenged by the appellant through a different writ petition. That is pending before the learned Single Judge.

3.

However, the plea now urged before us is regarding the superlative efficacy of central legislations and the decisions to be taken under them in relation to teacher education. We do not see that such a plea is available in this writ appeal because the appellant was not

HCJ&SVB,J WA No.1293 of 2018 impeaching the authority of the State Government to issue an order in the nature of G.O.Rt.No.140. That Government Order is the foundation for this writ petition from which this appeal arises. We cannot go beyond the relief sought for in this writ petition.

4.

We do not see any illegality or jurisdictional infirmity in the order of the learned Single Judge having left the writ petition as closed by noting that the petitioner's right to challenge G.O.Rt.No.182 dated 21.08.2018 will remain intact. In fact, such a challenge has already been levied by the appellant. We also clarify that no decision having been taken on the right of the appellant in terms of G.O.Rt.No.140, such issue would also remain open for consideration in appropriate proceedings. 5.

Subject to that this appeal fails and it is accordingly dismissed in limine.

As a sequel thereto, Miscellaneous Applications, if any, pending in the Writ Appeal stand closed. There shall be no order as to costs. ______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ _____________________________ S.V. BHATT, J Date: 28.09.2018 va