G.Bikshapathy, J. - (1.) All the Writ Petition and Writ Appeals can be disposed of by a common Order as they are veering round for capturing the management of St. Anthony's Educational Society, Narsaraopet. There is any amount of litigation undertaken by individual parties in the guise of championing the cause of the Society, more predominantly by two persons by name B. Koteshwar Rao and G.V. Rami Reddy and they have been putting relentless fighting to take over the management of the B.Ed. College. But, however, before proceeding to the actual matrix, the necessary facts relevant for appreciating and understanding the situation is necessary, which is traced out in the paras infra.
(2.) The St. Anthony's Educational Society, Narsaraopet came into existence in the year 1988. Initially, the president of the Society was one G. Jayanna Chowdary. It had submitted an application on 29-4-1988 to the State Government for permission to start B.Ed, college at Narsaraopet from the academic year 1988-89. However, the said request was rejected by the Government. Thereupon, a further request was made by the Society and that request to commence the institute with effect from 18-9-1990. As there was no response, the Society filed W.P.No.14838 of 1989 seeking directions to dispose of the application by the Government for establishing the B.Ed, college. This Court by an Order dated 26-10-1989 disposed of the Writ Petition with a direction to the State Government to take a decision in accordance with the law keeping in view the report submitted by the concerned authorities. However, the Government issued G.O.Rt.No.636, dated 17-4-1990 rejecting the permission. Thereafter, the Society filed a Contempt Case which was dismissed and again the Society filed W.P.No. 12558 of 1990 questioning the Order of rejection in G.O.Rt.No.636. The said Writ Petition was allowed by this Court on 27-11-1990 and directions were issued to the State Government to grant permission to establish the B.Ed, college from the academic year 1990-91. However, the State Government filed Writ Appeal No.14 of 1991, and the Order was modified directing the Government to grant hearing to the Society and dispose of the application for the academic year 1991-92. Accordingly, for the second time, the Government issued G.O.Rt.No.532 rejecting the same against which another Writ Petition was fled in W.P.No.17315 of 1991. This Court set aside the Order of the Government in G.O.Rt.No.532 by judgment dated 24-4-1992 and directed the State Government to reconsider the matter. After giving the opportunity, again the State Government passed Orders in G.O.Rt. No.1164, dated 24-6-1992 rejecting the application. Thereupon, the Society filed Writ Petition No.8113 of 1992 which was allowed by this Court on 29-2-1992. Again the Government issued G.O.Rt.No.198, dated 8-2-1993. Questioning the same, the Society filed W.P.No.3727 of 1993 and 3728 of 1993. Both the Writ Petitions were dismissed by the Division Bench on 18-2-1994. Thereupon, the Society filed SLP No.8019-29 of 1994 before the Supreme Court. The Supreme Court by an Order dated 2-8-1995 granted Leave and directed the State Government to consider application made by the Society for starting the Colleges of Educational in accordance with the provisions of Section 20 of the unamended A.P. Education Act, 1982 without going into policy decision on the basis of which the permission was granted earlierand refused and directed consideration of the application in terms of the Orders passed in earlier S.L.Ps. Direction was also given for consideration of the application on the basis of the conditions as obtained on 24-9-1988 and to pass reasoned Order on or before 1-12-1995 after hearing the Society. Accordingly, the State Government issued G.O.Ms.No.434, dated 31 -11 -1995 rejecting the application of the Society on the ground that there was no need for establishment of College. Thereafter, the Society filed Contempt Case No. 194,195 of 1996 before the Supreme Court. But, however, the State Government issued G.O.Ms.No. 240, dated 8-11 -1996 permitting the Society to establish the College of education subject to certain conditions. Thus, the application filed in 1988 was considered favourably and Orders were passed in 1998.
(3.) Then coming to the question of management of the Society G. Jayanna Chowdary was the President, who has been continuing the litigation right from the beginning till November, 1995, when the Government issued G.O.Ms.No.434 rejecting the application of the Society. Subsequently, it appears that the litigation was continued by B. Koteswar Rao, who was alleged to have been representing the Appellant-Society. He started St. Mark NTR College of Education, Prakash Nagar, Narsaraopet for the academic year 1996-97. On the other side, one G.V. Rami Reddy along with some others expelled candidates established a college by name St. Mark NTR GMKN and MR College of Education. Koteswar Rao filed O.S.No.229 of 1996 seeking permanent injunction, in which G.V. Rami Reddy and his group was arrayed as defendants. However, Mr. Rami Reddy and Mr. B. Koteswar Rao filed independent W.P.Nos. 19464, 14687, 211167 and 13450 of 1997 seeking affiliation and directions to Nagarjuna University to grant permanent affiliation to the respective colleges. All the Writ Petitions were disposed of by a common Order dated 29-9-1997 directing the Director of School Education to appoint a Special Officer to take over the institution for the purpose of administration and management of B.Ed. College. At the same time, the District Munsif, Narsaraopet was directed to dispose of the O.S.No.229 of 1996 expeditiously and it was also made clear that as per the decision of the Civil Court, the College has to be the O.S.No.229 of 1996 expeditiously and it was also made clear that as per the decision of the Civil Court, the College has to be transferred to the concerned group for management and administration. Against the said Order, the W.A.No. 1172,1250, 1314 and 1315 of 1997 were filed. The Writ Appeals were disposed of modifying the Order of the learned Single Judge to the extent of appointment of Special officer and confirmed the remaining part of the relief. The Division Bench directed Rami Reddy to administer the Society pending result of the suit. However, the District Munsif dismissed the suit by a judgment and decree dated: 23-5-1998 recording a finding of the Managing Committee of the Society was the only Committee as existed as on 8-11-1995 and at the relevant time B. Koteswar Rao was the Secretary of the Society and the resolution removing the then President G. Jayanna Chowdary held to be not valid. Against the said judgment, A.S.No. 44 of 1998 was filed and Rami Reddy group also filed Cross appeals. The appellate Court dismissed the appeal on 2-4-1999 and found that the Appellant Koteswar Rao was properly elected as Secretary of the Society on 8-11-1995. However, the proceedings subsequent to 24-11-1995 was held to be illegal and void. By virtue of this, Rami Reddy group found to be no more connected with the management. While so, G.O.Ms.No. 356, dated 26-9-1998 was issued by the Government withdrawing the permission granted to St. Mark NTR GMKN & MR College of Education represented by G.V. Rami Reddy after issuing show cause notice and the same was questioned by Rami Reddy in W.P.No.7906 of 1999. Mr. Koteswar Rao also made a representation to the State Government stating all the facts. However, after inspection and verification of the record, the authorities recommended to the Government to grant permission to Koteswar Rao to run B.Ed. College under the supervision of the Society. Koteswar Rao filed W.P.No.7789 of 2000 fordirection to the Government to dispose of the representation dated 17-11-1998 and 15-3-2000 and also grant benefits under G.O.Ms.No.240, dated 8-11-1996. Accordingly, the State Government has issued a G.O.Ms.No. 171, dated: 16-12-2000 permitting St. Mark NTR College of Education, Prakash Nagar, Narsaraopet represented by Koteswar Rao to run St. Mark NTR College of Education Prakash Nagar, Narsaraopet from the academic year 2000-01 subject to outcome of W.P.No. 7789 of 2000. Questioning the validity of the said G.O.Ms.No.171, G.V. Rami Reddy of St. Mark NTR GMKN & MR College of Education filed W.P.No.26114 of 2000. Both the Writ Petitions came to be considered by the learned Single Judge namely W.P.No.7906 of 1999 filed by Rami Reddy questioning the G.O.Ms.No.356, dated 26-9-1998 withdrawing the permission and also W.P.No.26114 of 2000 questioning the G.O.Ms.No.171 permission granted to Koteswar Rao group. The learned Single Judge by an Order dated 12-3-2001 allowed the W.P.No. 26114 of 2000 and dismissed the W.P.No.7789 of 2000. Aggrieved by the said Order, Appellant Mr. Koteswar Rao filed W.A.No. 822 of 2001 against the Orders passed in W.P.No.26114 of 2000, W.A. No.899 of 2001 against the Orders passed in W.P.No.7789 of 2000. Thus, the state of affairs of the Society are reflected in the aforesaid paragraphs.;