SREE KRISHNA CHAITANYA DEGREE COLLEGE Vs. REGISTRAR

JUDGEMENT

(1.) All the petitioners are private educational institutions in the Districts of Chittoor, Kadapa and Nellore. They were affiliated temporarily to Sri Venkateswara University (the University, for short) since the date of establishment of respective colleges. For the academic year 2004-05, however, the University informed the petitioners that extension of temporary conditional affiliation is not granted and that the question of granting further affiliation would be considered after the colleges shift to own buildings. The colleges were directed not to make admissions to first year courses during the academic year 2004-05. The communication from the Registrar of University dated 24.06.2004 is challenged by all the colleges on various grounds.

(2.) Taking the Writ Petition No.10974 of 2004 as illustrative case, facts may be noticed in brief. The petitioner college obtained permission under Section 20 of A.P. Education Act, 1982 (the Education Act, for brevity) in the year 1993 as womens degree college offering degree courses like B.A., B.Com., and B.Sc., in English and Telugu medium. The petitioner college deposited corpus amount of Rs.9,50,000/- (Rupees nine lakh and fifty thousand only) for the purpose of obtaining affiliation of the University. By proceedings No.8709/C III (5)/1993-94, dated 15.09.1993, the Registrar of the University informed the correspondent of Sri Magunta Raghava reddy Charitable Trust (The Education Agency, which established petitioner college) that the committee constituted by the Board of Management as its meeting held on 13.09.1993 considered the application of the petitioner college, the recommendations made by the inspection Commission thereon and resolved to recommend to grant provisional permission for starting the college with B.A., B.Com., and B.Sc., with specified number of students. It was mentioned therein that the recommendations of the committee had been approved by the Rector subject to ratification by the standing committee of the Academic Senate and Board of Management and that the provisional permission is granted subject to fulfillment of the conditions specified by the Inspection Commission, G.O.Ms.No.208 dated 21.08.1990, G.O.Ms.No.1623 dated 12.10.1990, G.O.Ms.No.119 dated 22.03.1991 and other G.Os as well as Chapter XI of Laws of University. The said proceeding also is to the effect that the University granted provisional permission/conditional affiliation to the petitioner college for the academic year 1993-94 and that the same is not applicable for the academic year 1994-95. The college was advised to apply well in advance not later than 31.01.1994 for grant of further affiliation and further advised that unless and Until University grants further affiliation for 1994-95, the college should not advertise the courses and should not make admissions for the academic year. The University reserved its right to cancel the admissions made without obtaining prior permission.

(3.) The petitioner college was established in Kavali town in rented premises. In the year 2001, petitioners, which was a womens college, applied for conversion to co-education college, which was accordingly granted by the University and A.P. State Council for Higher Education (hereafter called, the State Council). Be it also noted that during these years the petitioner college shifted its premises from one rented building to another rented building. Every year, year after year, the University granted temporary affiliation for one academic year to the petitioner college.