SANKARAS COLLEGE OF EDUCATION Vs. PROF G SATYANARAYANA

JUDGEMENT

(1.) The petitioner is a College of Education, affiliated to Sri Krishna Devaraya University, Anantapur (for short 'the University')- It had a sanctioned strength of 160 seats. Through proceedings dated 9-1-2001, the University had reduced the intake from 160 to 140. The petitioner filed W.P.No.703 of 2002 challenging the said proceedings. One of the main contentions in the writ petition was that the order dated 9-10-2002 was passed without any notice. In the counter-affidavit filed by the University in the writ petition, this aspect was not disputed. Taking the same into account, this Court passed an order dated 22-4-2002 in WPMP.No.790 of 2002 in the said WP, suspending the operation of the order dated 9-1-2001. The petitioner filed this contempt case alleging that despite the orders of this Court, students were not allotted against the 20 seats.

(2.) When the contempt case came up for admission, it was urged that the copy of the order of this Court was served upon the Convenor, EAMCET-2001, Kakatiya University, and he, in turn, addressed a letter dated 4-5-2002 seeking clarification from the University. It was in this context that the Convenor was impleaded as the 3rd respondent.

(3.) Respondents 1, 2 and 3 have filed separate counter-affidavits. Respondents 1 and 2 pleaded that the 3rd respondent is conferred with the power to allot the students and they have absolutely no role to play in the matter. They also urged that the petitioner ought to have impleaded the 3rd respondent herein in the writ petition itself and it is only the petitioner that is to be blamed for the situation that has emerged.