TARLUPADU COLLEGE OF EDUCATION Vs. NAGARJUNA UNIVERSITY REP

JUDGEMENT

(1.) In this Writ Petition the petitioner Tarlupadu College of Education, seeks a declaration that the refusal to grant affiliation for the year 1990-91 to it by the Nagarjuna University, the 1st respondent herein, conveyed by letter dated of the University to it, is bad and violative of Article 30(1) of the Constitution.of India and consequently seeks a Writ of Mandamus etc,., directing the University to grant affiliation to it and permit the 160 students admitted by it for 1990-91 in B.Ed, course to sit for the theory and practical examinations to .be conducted from, 21-10-1991, announce itheir results and issue the certificates etc. The following are the undisputed facts: The petitioner-college has not been given any permanent affiliation by the 1st respondent-University though it was set up in 1984. Permission was granted by the Government of Andhra Pradesh for the setting up of a College of Education by the petitioner at Tarlupadu in Prakasam district under G.O. Ms. No.431, Education (S) Department, dated 8-9-1984. Conditions 8 to 11 imposed under the said G.O. are that the management of the petitioner-college should follow the Rules issued by the Government from time to time in regard to the reservations for S.Cs., and B.Cs., in respect of admissions and also for appointment of staff, that the management should also fulfil all the conditions laid down by the University from time to time before admissions of the students in the college, that admissions into the B.Ed. course in the college should be through the common entrance examination conducted by the University, and that the management should not collect any capitation fees. The petitioner claims to be a minority institution and that it was established by the Andhra Evangelical Lutheran Church, Guntur. Whatever might have been the position of the institutions claiming to be minority institutions prior to the coming into force of the Andhra Pradesh Minority Educational Institutions (Establishment, Recognition and Regulation) Rules, 1988 (hereinafter referred to as 'the Rules'), after the Rules have come into force, unless certificate of recognition is obtained no educational institution can be treated as minority educational institution by virtue of sub-rule (7) of the Rule 7 which is as follows :--

(2.) The Director of School Education is requested to institute an enquiry for the above lapses of the management of Tarlupadu College of Education, Tarlupadu and send a detailed report within one month.

(3.) Pending enquiry, the Director of School Education is requested to see that the 55 excess candidates admitted by the Tarlupadu College of Education for the B.Ed. Course for 1989-90 are permitted to appear for the examinations to be conducted by the Nagarjuna University, Guntur as already intimated in the telegram dated 13-10-1990 issued to the Registrar, Nagarjuna University." Thus receiving allotment of the candidates from the Convenor, BEDSET for the academic year 1990-91 has been made a precondition for the University to grant extension of temporary affiliation for the petitioner-college. By letters dated 14-11-1990, 22-11-1990 and 4-12-1990 the 1st respondent-University mentioned the other conditions to be satisfied by the petitioner-college before its application for extension of temporary affiliation could be considered. 4. By letter dated 4-2-1991 the Regional Co-ordinator, B.Ed. Common Entrance Test-1990 informed the Principal of the petitioner-college as follows :-- ".....that the admissions committee will be meeting at 8 a.m. each day on 12th, 13th and 14th of February, 1991 at Dr. C.R.R. College of Education, Eluru, W.G. Dist. to make admissions to B.Ed. Courses, in unaided colleges of Andhra and Nagarjuna University areas. The candidates allotted to your college are to be admitted by you on the same day by collecting the tuition and special fees. Hence I request you to kindly attend with your supporting staff not exceeding two and make necessary arrangements to admit candidates during the three days specified above." By letter Ref : 20/A-1/9I, dated 6-2-1991 the Principal of the petitioner-college replied to the Regional Coordinator, B.Ed. Common Entrance Test with reference to a letter dated 28-1-1991 of the Regional Coordinator stating that the petitioner-college was a Christian Minority College under the Management of Andhra Evangelical Lutheran Church and that it applied to the Director of School Education for issuance of minority certificate and that the College was already inspected by the Special Officer in the month of June, 1989 and that the issuance of the certificate was being awaited and that therefore the college should be exempted from allotment of candidates. The petitioner has not placed the said letter dated 28-1-1991 of the Regional Coordinator before this Court. After the petitioner received the letter dated 4-2-1991 from the Regional Coordinator, it sent a telegram to him on 11-2-1991 as follows :-- "Tarlupadu College of Education is a Christian minority institution run by Lutheran Church. Minority certificate is awaited from Director of School Education. Please exempt us from allotment." The Principal of the petitioner-college or any of his representatives did not attend the admission committee meeting on the 12th, 13th and 14th of February, 1991 as required by the Regional Coordinator in his tetter dated 4-2-1991. Thereafter the petitioner made admissions on its own without any allotment of candidates being made by the Regional Coordinator. By letter dated 3-4-1991 the Regional Coordinator informed the 1st respondent-University that the Principal of the petitioner-college did not attend the meeting and did not take allotment of candidates and admit them and that instead he issued a telegram requesting for exemption for his college from allotment as it was a Christian minority institution run by Lutheran Church and minority certificate was awaited from the Director of School Education. Thereafter the 1st respondent-University addressed letter dated 24-4-1991 to the petitioner informing it that the affiliation for the year 1990-91 was not granted to it stating inter alia, as follows :-- ".....It is surprising to note that despite clear instructions not to make admissions on your own, you have made admissions. In this connection, you are informed that unless the Director of School Education issues the necessary certificate recognising your college as a Minority Institution, you cannot claim, yourself as a Minority, Institu-tion and make admissions without following the BEDCET Rules. Your action admitting candidates into B.Ed. Course for the year 1990-91 is against the orders of the Government (Vide G.O.Ms. No. 431, Education, dt. 8-9-1984). In view of the above you are once again hereby informed that the irregular admissions violating the BEDCET Rules, Government orders and clear instructions from this University, made by your college are not recognised and it is made clear that no examinations will be conducted to these candidates by this University. You are further informed that affiliation for the year 1990-91 will not be considered under the above circumstances," The University also got published in the Press a note dated 23-4-1991 informing the public as follows :-- "The public and all other concerned are informed that Tarlupadu College of Education, Tarlupadu is not granted affiliation for the year 1990-91 by this University. It is brought to the notice of this University that admissions to the B.Ed. Course for the year 1990-91 are taking place in Tarlupadu College of Education, Tarlupada by its. Principal violating the Government orders and the instructions issued by the University. This University will not consider such admissions and will not conduct examinations to those candidates. Hence it is informed that candidates seeking admission in the above college are doing so at their own risk." The University also got the said note published through All India Radio on 26-4-1991. This much is admitted by the petitioner in its letter dated 2-5-199! addressed to the University.