LAWS(APH)-2012-12-12

SADASIVA SRI EDUCATIONAL SOCIETY, KARIMNAGAR DISTRICT Vs. GAYATHRI DEGREE COLLEGE, YELLAREDDYPET MANDAL,KARIMNAGAR DISTRICT

Decided On December 07, 2012
Sadasiva Sri Educational Society, Karimnagar District Appellant
V/S
Gayathri Degree College, Yellareddypet Mandal,Karimnagar District Respondents

JUDGEMENT

(1.) This writ appeal is directed against the order dated 3.9.2012 passed by the Hon'ble Single Judge in Writ Petition No. 19016 of 2012.

(2.) The 1st respondent-writ petitioner filed the aforementioned writ petition before the Hon'ble Single Judge seeking for a writ in the nature of mandamus to declare the action of the 2nd respondent herein, in issuing G.O.Rt. No. 336, Higher Education (C.E.II.2) Department, dated 16.6.2012 as illegal, arbitrary, without jurisdiction and violative of the provisions of the Andhra Pradesh Education Act, 1982 (for short 'the Act') and the rules made thereunder.

(3.) The writ petitioner questioned the issuance of the said G.O. Rt. No. 336, dated 16.6.2012 through which the authorities permitted respondent No. 5 to shift Nalanda Degree College from one leased building to another leased building and also to transfer the management of the said college to the appellant-4th respondent by relaxing sub-rule (3) of Rule 14 of Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules,1987 (for short' the Rules') issued vide G.O. Ms. No.29, Education dated 5.2.1987 read with G.O. Ms. No.35, Education, dated 25.4.2007 and G.O. Ms. No. 211, Education, dated 8.11.2007. The writ petitioner filed the writ petition challenging G.O. Rt. No.336, dated 16.6.2012 on the ground that the said G.O. was issued in violation of the Rules.