- (1.) These Writ Appeals by the Nagarjuna University, represented by its Registrar, Guntur are directed against the common order of the learned single Judge in Writ Petition Nos. 19464, 21167, 14687 and 13450 of 1997 respectively. Since all these appeals involve consideration of common questions of fact and law, we propose to dispose of the same by common judgment.
(2.) Grant of affiliation to a College is in the sole discretion of the concerned University and the role of the Judiciary is very restricted on that score, by reason of the fact that the Law Court cannot act as a superintendent of the activities of the University. The University has its due mechanism to appreciate and grant the necessary approval for affiliation and the Law Court neither has the expertise nor has the advantage of any material to appreciate so as to act as a superintendent of the affairs of the University.
(3.) From the contextual facts, it appears that two rival institutions, namely, St. Mark NTR College of Education and St. Mark NTR GMKN and M.R. B.Ed., College, claiming to be in the Management of St. Anthony Educational Society, Narasaraopet, have gone before the University for grant of affiliation to their respective Colleges. The University has chosen, however, not to grant affiliation to either of them by reason of pendency of a suit before the Civil Court regarding the rival claims of the institutions. It is by reason of the inaction on the part of the University in the matter of grant of affiliation, the rival institutions have filed W.P.No.13450 of 1997 and W.P.No. 14697 of 1997. W.P.No.19464 of 1997 is, however, filed against the order of the Government of Andhra Pradesh recognising the institution - St. Mark NTR GMKN and M.R. B.Ed., College, the other Writ Petition No.21167 of 1997 is filed by two students of St. Mark NTR College of Education for a direction to the University to conduct practical examinations for the B.Ed., students of the said College and to declare the results of the students appeared through the said College, All these writ petitions have been dealt with by the learned single Judge by a Common Order. The learned single Judge while disposing of the above writ petitions passed order to the following effect : "The authorities are directed to allot the students for B.Ed., Course 1997-98 to St. Mark N.T.R. G.M.K.N. and MR B.Ed., College tentatively and the Commissioner and Director of School Education, the second respondent herein shall appoint a Special Officer to take over the institution for the purpose of administration and management as far as B.Ed., Course is concerned. He shall proceed with the admission in accordance with rules and also the Management of the institution as far as this course is concerned. The Management of St. Mark N.T.R. G.M.K.N. and M.R. B. Ed., College shall render proper assistance to the Special Officer in this regard as and when required by him for carrying out his duties as directed above The students are also permitted to appear for B.Ed., course examination and their results shall be declared as and when they become due. The Principal District Munsif, Narasaraopet is directed to dispose of the suit O.S.No.229/96 as expeditiously as possible and pass appropriate orders within a period of six months from the date of receipt of a copy of this order. The group of Mr. Koteshwar Rao and Mr. Rami Reddy shall cooperate with the trial of the suit and they shall not take unnecessary adjournments whenever the case is listed for trial. If ultimately the suit is dismissed the candidates who have been admitted in pursuance of these directions shall be transferred either to the colleges established by Mr. Koteswar Rao or Rami Reddy depending upon the decision of the Civil Court in this regard. It is further directed that for the students who have been permitted to prosecute B.Ed., course 1996-97 in St. Mark N.T.R. College of Education, St. Marck NTR GMKN and M.R. B.Ed., College, Narasaraopet and the practical examinations for the B.Ed., course shall be conducted if not already conducted within a reasonable time and the results shall be published after the examinations are over.";