B SREEDEVI Vs. VENKATESWARA UNIVERSITY TIRUPATHI

JUDGEMENT

(1.) This writ petition is filed by the erstwhile teaching Assistants Junior Lecturers who worked in the 2nd respondent-Sri Venkateswara University Junior College, tirupati, Chittoor district, (for short, 'the college') seeking a writ of mandamus declaring the action of the 1st respondent herein in closing the college as arbitrary, illegal and mala fide and consequently direct the 1 st respondent to reopen the college and/or provide alternative employment to the petitioners.

(2.) The petitioners urge that under Section 26 of the A.P. Education Act, 1982, (for short, 'the Act') no private institution shall be closed down or discontinued, unless a notice of not less than one academic year expiring with the end of any academic year and indicating the intention to do so, has been given by the manager to the officer authorised by the competent authority in that behalf, the 1st respondent ought not have closed down the college and therefore, the petitioners seek appropriate directions.

(3.) The very ground taken by the petitioners, in our considered view is totally misconceived as Section 26 of the Act has no application in this case as the college is established by the 1st respondent- University and therefore, the college cannot be regarded as private institution to attract Section 26 of the Act. Though it is also contended that the closure of the college is mala fide and illegal, we do not find any factual matrix to bring home the said charge against the 1st respondent much less any proof in support of that plea. It is trite that the 1st respondent- University has inherent power to establish a college and similarly it has the power to close down a college depending upon the needs of the students community for which it exists. No employee of the college has a vested right to seek a writ of mandamus, insisting that when once a college is established, the said college should be continued and that under no circumstances it should be allowed to be closed.