TARLUPADU COLLEGE OF EDUCATION Vs. NAGARJUNA UNIVERSITY REP
LAWS(APH)-1992-12-5
HIGH COURT OF ANDHRA PRADESH
Decided on December 16,1992

TARLUPADU COLLEGE OF EDUCATION Appellant
VERSUS
NAGARJUNA UNIVERSITY, REP. BY ITS REGISTRAR Respondents





Cited Judgements :-

VALISETTI TIRUMALA PURNACHANDRA RAO VS. SYNDICATE BANK [LAWS(APH)-1998-3-113] [REFERRED TO]


JUDGEMENT

- (1.)In this Writ Petition the petitioner Tarlupadu College of Education, seeks a declaration that the refusal to grant affiliation for the year 1990-91 to it by the Nagarjuna University, the 1st respondent herein, conveyed by letter dated of the University to it, is bad and violative of Article 30(1) of the Constitution.of India and consequently seeks a Writ of Mandamus etc,., directing the University to grant affiliation to it and permit the 160 students admitted by it for 1990-91 in B.Ed, course to sit for the theory and practical examinations to .be conducted from, 21-10-1991, announce itheir results and issue the certificates etc. The following are the undisputed facts: The petitioner-college has not been given any permanent affiliation by the 1st respondent-University though it was set up in 1984. Permission was granted by the Government of Andhra Pradesh for the setting up of a College of Education by the petitioner at Tarlupadu in Prakasam district under G.O. Ms. No.431, Education (S) Department, dated 8-9-1984. Conditions 8 to 11 imposed under the said G.O. are that the management of the petitioner-college should follow the Rules issued by the Government from time to time in regard to the reservations for S.Cs., and B.Cs., in respect of admissions and also for appointment of staff, that the management should also fulfil all the conditions laid down by the University from time to time before admissions of the students in the college, that admissions into the B.Ed. course in the college should be through the common entrance examination conducted by the University, and that the management should not collect any capitation fees. The petitioner claims to be a minority institution and that it was established by the Andhra Evangelical Lutheran Church, Guntur. Whatever might have been the position of the institutions claiming to be minority institutions prior to the coming into force of the Andhra Pradesh Minority Educational Institutions (Establishment, Recognition and Regulation) Rules, 1988 (hereinafter referred to as 'the Rules'), after the Rules have come into force, unless certificate of recognition is obtained no educational institution can be treated as minority educational institution by virtue of sub-rule (7) of the Rule 7 which is as follows :--
"7(7): In view of the requirement under sub-rule (6), the educational agencies claiming minority status for their institutions and those already enjoying minority status either on Government instructions and/or by Court directions, shall make an application to the competent authority in the prescribed form (Form-1) in triplicate following the procedure prescribed under Rule 6 after fulfilling the criteria laid down under Rule 4 for the issue of the Certificate of Recognition as Minority Educational Institution. The Competent Authority shall issue the certificate only when he is satisfied about the fulfilment of the criteria laid down."
Sub-rule (6) of Rule 7 provided that "mere obtaining of permission for the establishment of a minority educational institution by the Permission Authority will not entitle the educational institution for recognition as minority educational institution unless the institution has been issued a certificate to that effect by the competent authority". Sub-rule (5) (a) of Rule 7 provides as follows :-- "7(5)(a) : Any educational institution which has been permitted to be established with the status of a minority educational institution shall be deemed to have been accorded minority status for one academic year only for the purposes of making admission of students and appointment of staff, and is subject to obtaining of certificate of recognition as minority institution from the Competent Authority before the beginning of the next academic year." By Memo No. 246/Rules/89-2, Education, dated 1-9-1989 the Government of Andhra Pradesh has clarified the position obtained after the Rules have come into force. After referring to sub-rules (5) and (7) of Rule 7 of the Rules, the Memo states as follows :--
"Now, it is hereby clarified that all the educational institutions which are already enjoying the minority status and those which have been established during the current academic year with minority status, only will continue to be treated as minority educational institutions for the purposes of recruitment of staff and admission of students for the current academic year 1989-90 only."
The petitioner by letter Ref. I/A-4/89, dated 20-3-1989 applied for grant of recognition as minority educational institution by submitting application in Form-1. In the reply affidavit filed on behalf of the petitioner, it is stated that the said application was rejected by the Government of Andhra Pradesh on 30-12-1991 and that the order of rejection was received on 6-1-1992. This no doubt took place after the filing of the present writ petition. 2A. For the academic year 1989-90 the petitioner admitted candidates directly and did not take allotment of candidates from the Convenor, BEDSET. The record produced by the 1st respondent-University discloses that the petitioner-college also stated that it admitted 48 extra students for the B.Ed. course during the year 1989-90 in addition to the 160 students which is its sanctioned strength. In the letter Re. No. 541/N2-2/90-2, dated 12-6-1990 the Director of School Education, Andhra Pradesh informed the University that the Principal of the petitioner-college requested the ratification of the action taken by him in admitting 48 extra students for B.Ed. and that the said college admitted the students directly through advertisement and not by allotment to the institution and requested the University not to admit the students of the petitioner-college to B.Ed. examinations scheduled to be held in 1990. However, subsequently by letter Re. No. 541 / N2-2/90-2, dated 8-8-1990, the Director of School Education informed the University that on inspection by the Regional Joint Director of School Education, Guntur it was found that the petitioner-college made 55 excess admissions and that to avoid hardship to the students 160 students admitted by the management during the year 1989-90 as per order of merit may be allowed to sit for the examination scheduled to be held in 1990. Thereafter, at an emergency meeting of the Executive Council of the University dated 13-8-1990, it was resolved by Resolution No. 4 as follows :-- "4. CONSIDERED the Report of Inspection Commission (Dt. 13-8-1990) by Prof. S. C. Sarma on Tarlupadu College of Education, Tarlupadu, for extension of temporary affiliation for 1989-90, taking serious note of the repetition of the violation of rules of admission into the course. RESOLVED that Tarlupadu College of Education, Tarlupadu, be permitted to hold examination for 160 candidates of 1989-90 batch and issue hall-tickets for 160 candidates as submitted by the Principal in his list of candidates with covering letter dated 18-7-1990. FURTHER RESOLVED that the Principal be directed : (a) to admit candidates during the academic year 1990-91 only after the issue of proceedings granting affiliation, (b) admit only those candidates who will be allotted for the college by the Convenor of B.Ed. CET, and (c) do not make any extra admissions without the sanction of the University as well as permission of the Director of School of Education, Government of Andhra Pradesh, and failure to comply with the above conditions by the college will invite suitable action." Thereafter by letter No. NU/Affil-IV/TCE/ 90, dated 17-9-1990 the University informed the petitioner-college about the said Executive Council Resolution No. 4, dated 13-8-1990 making it very clear that the Executive Council resolved that the Principal of the petitioner-college be directed : "(a) to admit candidates during the academic year 1990-91 only after the issue of proceedings granting affiliation by the University, (b) admit only those candidates who will be allotted for the college by the convenor of B.Ed., GET, and (c) do not make any extra admissions without the sanction of the University as well as permission of the Director of School of Education, Government of Andhra Pradesh and that failure to comply with the above conditions by the college will invite suitable action. I am to request you to scrupulously adhere to the above directions regarding B.Ed., admissions for 1990-91." Earlier by letter dated 14-8-1990 the Controller of Examinations of the 1st respondent-University informed the petitioner, inter alia, as follows :-- "You are further informed to admit in 1990-91 candidates allotted by the Convenor, BEDSET only. Also you are informed that in the academic year 1990-91 admissions should be made only after the receipt of affiliation from the University. Any admissions you make for the academic year 1990-91 without affiliation from the University and allotment from the Convenor, BEDSET, is at your own risk and the University will not hold examinations for such candidates. Further, you are informed hereby that if you admit candidates without taking University affiliation in advance and without receiving allotment of candidates from the Convenor, BEDSET, in the year 1990-91, the University will not consider application for extension of temporary affiliation for your college." It is interesting to note in this connection that the record discloses that the Government of Andhra Pradesh, Education (EE) Department issued G.O. Rt. No. 1657, Edn. dated 20-10-1990 ordering inter alia, as follows :-- "2. The Director of School Education in the references third and fourth read above has reported that the Management made direct admissions during the year 1989-90 through paper advertisements and selected 215 candidates even though the intake capacity is only 160. The Principal selected 55 excess candidates, did not follow the rules and did not observe the merit order. It is evident from the above that the management on its own accord made 55 excess admissions without prior permission of the competent" authority. Sri U. P. Konda Reddy, M.L.A., Markapur and Sri J. Raghava Rao, M.L.A., Addanki in the letter fifth cited have requested the Government to ratify the action of the management of Tarlupadu College of Education in having made 55 extra admissions and also to permit the 55 students to appear for the B.Ed. Exams, to be conducted by the Nagarjuna University.
(2.)The Director of School Education is requested to institute an enquiry for the above lapses of the management of Tarlupadu College of Education, Tarlupadu and send a detailed report within one month.
(3.)Pending enquiry, the Director of School Education is requested to see that the 55 excess candidates admitted by the Tarlupadu College of Education for the B.Ed. Course for 1989-90 are permitted to appear for the examinations to be conducted by the Nagarjuna University, Guntur as already intimated in the telegram dated 13-10-1990 issued to the Registrar, Nagarjuna University." Thus receiving allotment of the candidates from the Convenor, BEDSET for the academic year 1990-91 has been made a precondition for the University to grant extension of temporary affiliation for the petitioner-college. By letters dated 14-11-1990, 22-11-1990 and 4-12-1990 the 1st respondent-University mentioned the other conditions to be satisfied by the petitioner-college before its application for extension of temporary affiliation could be considered. 4. By letter dated 4-2-1991 the Regional Co-ordinator, B.Ed. Common Entrance Test-1990 informed the Principal of the petitioner-college as follows :-- ".....that the admissions committee will be meeting at 8 a.m. each day on 12th, 13th and 14th of February, 1991 at Dr. C.R.R. College of Education, Eluru, W.G. Dist. to make admissions to B.Ed. Courses, in unaided colleges of Andhra and Nagarjuna University areas. The candidates allotted to your college are to be admitted by you on the same day by collecting the tuition and special fees. Hence I request you to kindly attend with your supporting staff not exceeding two and make necessary arrangements to admit candidates during the three days specified above." By letter Ref : 20/A-1/9I, dated 6-2-1991 the Principal of the petitioner-college replied to the Regional Coordinator, B.Ed. Common Entrance Test with reference to a letter dated 28-1-1991 of the Regional Coordinator stating that the petitioner-college was a Christian Minority College under the Management of Andhra Evangelical Lutheran Church and that it applied to the Director of School Education for issuance of minority certificate and that the College was already inspected by the Special Officer in the month of June, 1989 and that the issuance of the certificate was being awaited and that therefore the college should be exempted from allotment of candidates. The petitioner has not placed the said letter dated 28-1-1991 of the Regional Coordinator before this Court. After the petitioner received the letter dated 4-2-1991 from the Regional Coordinator, it sent a telegram to him on 11-2-1991 as follows :-- "Tarlupadu College of Education is a Christian minority institution run by Lutheran Church. Minority certificate is awaited from Director of School Education. Please exempt us from allotment." The Principal of the petitioner-college or any of his representatives did not attend the admission committee meeting on the 12th, 13th and 14th of February, 1991 as required by the Regional Coordinator in his tetter dated 4-2-1991. Thereafter the petitioner made admissions on its own without any allotment of candidates being made by the Regional Coordinator. By letter dated 3-4-1991 the Regional Coordinator informed the 1st respondent-University that the Principal of the petitioner-college did not attend the meeting and did not take allotment of candidates and admit them and that instead he issued a telegram requesting for exemption for his college from allotment as it was a Christian minority institution run by Lutheran Church and minority certificate was awaited from the Director of School Education. Thereafter the 1st respondent-University addressed letter dated 24-4-1991 to the petitioner informing it that the affiliation for the year 1990-91 was not granted to it stating inter alia, as follows :-- ".....It is surprising to note that despite clear instructions not to make admissions on your own, you have made admissions. In this connection, you are informed that unless the Director of School Education issues the necessary certificate recognising your college as a Minority Institution, you cannot claim, yourself as a Minority, Institu-tion and make admissions without following the BEDCET Rules. Your action admitting candidates into B.Ed. Course for the year 1990-91 is against the orders of the Government (Vide G.O.Ms. No. 431, Education, dt. 8-9-1984). In view of the above you are once again hereby informed that the irregular admissions violating the BEDCET Rules, Government orders and clear instructions from this University, made by your college are not recognised and it is made clear that no examinations will be conducted to these candidates by this University. You are further informed that affiliation for the year 1990-91 will not be considered under the above circumstances," The University also got published in the Press a note dated 23-4-1991 informing the public as follows :-- "The public and all other concerned are informed that Tarlupadu College of Education, Tarlupadu is not granted affiliation for the year 1990-91 by this University. It is brought to the notice of this University that admissions to the B.Ed. Course for the year 1990-91 are taking place in Tarlupadu College of Education, Tarlupada by its. Principal violating the Government orders and the instructions issued by the University. This University will not consider such admissions and will not conduct examinations to those candidates. Hence it is informed that candidates seeking admission in the above college are doing so at their own risk." The University also got the said note published through All India Radio on 26-4-1991. This much is admitted by the petitioner in its letter dated 2-5-199! addressed to the University.
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