RAGI SUDHAKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners studied in various Industrial Training Institutes during the academic year 1984-86. They were admitted under the management quota pursuant to the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Amendment Ordinance, 1984 (A.P. Ordinance No. 27 of 1984). That Ordinance was later-on repealed by A.P. Ordinance No. 30/84 which was subsequently replaced by Act 11/85. As a result of Ordinance No. 30/84, the managements of all the I.T.Is. were compelled ,to take action to discharge the students admitted under the management quota. Several of such students filed a number of writ, petitions in this Court WP Nos. 7957/86 and batch. An interim direction was granted in the above batch on 18-7-1983 by this Court as a result of which the students were permitted to continue their studies. A further interim direction was granted permitting them to sit for the examination held in July, 1986. The writ petitions were disposed of by a Division Bench comprising the Hon'ble the Chief Justice and Anjaneyulu, J., on 17-3-1987. The Division Bench observed as follows:

(2.) Sri K, Subrahmanya Reddy, learned Counsel for the petitioners 'has advanced comprehensive arguments covering various aspects. As I am inclined to allow the writ petition on the grounds of discrimination and estoppel, it is unnecessary to refer to the other contentions. Sri Subrahmanya Reddy says that In respect of students similarly circumstanced but opted for one-year diploma course were permitted to sit for the examination, and consequent on their passing the exa- , mination were awarded NCVT certificates. At the time when the petitioners were admitted, the management had power to grant admissions. When lawfully the students, were admitted and continued their studies as a result of the interim orders passed by this Court and also appeared for the examination on the strength . of the orders passed by this Court, they should not be denied the benefit of NCVT certificates if they succeed in the examination.

(3.) Opposing the above contentions, the learned Government Pleader maintains that as a compassionate measure . on humanitarian grounds., the impugned G. O. was issued. , Had the G-O. not been issued, the petitioners would not have become eligible to secure even SCVT certificates. The institutes in which the petitioners studied had not been recognised and therefore they have no right to ask that NCVT certificates should be- awarded to ther,