K PURUSHOTHAM REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner seeks a Writ of Mandamus declaring the Andhra Pradesh State Council of Higher Education Act, 1988 and University Grants Commission Instructions, under which the said Act purported to have been passed, as illegal, invalid, void, and ultra vires of the Constitution of India.

(2.) A resume of the events that led to the passing of the impugned Act is expedient to be set forth for an effective adjudication of the matter hereunder thus:

(3.) Pursuant to the said policy, the UGC constituted a committee so as to go into the matter and to make its recommendations regarding setting up of the State Councils of Higher Education as per the National Policy on Education, 1986, and the programme of action in that regard. The Committee realised that there has been a pressing need for constituting effective machinery for promotion and co-ordination of Higher Education at the State level and coordination of State level programmes with those of the UGC. Thereafter, the UGC formulated certain guidelines for setting up the State Councils of Higher Education as recommended by the Committee. Accordingly, the Andhra Pradesh State passed an Act known as 'The Andhra Pradesh Commissionerate of Higher Education Act, 1986', as per the recommendation of the Vice-Chancellors Committee regarding the Higher Education in the State of Andhra Pradesh. The said Act was challenged by the petitioner and four others in W.P.No. 15733 of 1986 and also the Osmania University Teachers' Association in W.P.No. 15582 of 1986. A full Bench of this Court dismissed both the writ petitions by its Judgment dated 24-03-1987. The matter was carried to the Apex Court, and Apex Court by. its Judgment dated 13-08-1987 allowed the appeals and directed the State Government not to enforce the provisions of the impugned Act.