SRINIVASA DEGREE COLLEGE Vs. VENKATESWARA UNIVERSITY TIRUPATHI

JUDGEMENT

(1.) This Writ Petition is filed by Srinivasa Degree College, Kovur, Nellore District, represented by its Correspondent C.Sriram with a prayer to issue a Writ of Mandamus declaring the condition imposed by the 1st respondent-Sri Venkateswara University, Tirupathi in its affiliation order vide ROC. No.C/111(5)/2003-04 dated 9-7-2003 directing the petitioner-college to obtain permission of A.P. State Council of Higher Education (2nd respondent) for shifting the college to the new building on or before 31-12-2003.

(2.) The writ affidavit averments in brief are; the petitioner-college applied in the prescribed proforma under Form I of Rules 5(1) of A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 (for brevity 'Rules, 1987') for establishment of a degree college during the year 1996. The petitioner-college was proposed to be established in an extent of Ac.2-01 cents at Kovur, Nellore District. The college commenced in the name of Sri Venkateswara Degree College of Computers. Subsequently the name was changed to Srinivasa Degree College as there was another college in the vicinity bearing the same name. The power to grant or refuse to start a college under Rules, 1987 was vested with the Commissionerate of Higher Education. Subsequently, the power to sanction was delegated to A.P.State Council of Higher Education-2nd respondent herein. Pursuant to the application made by the petitioner- college proposing to start a degree college at Kovur, the 2nd respondent herein has sent a Verification Commission. The Commission submitted its report and thereupon 2nd respondent granted permission to start degree college vide Proceedings RC. No.A/SCHE/VG/AC-5/Sec/96, dated 9-9-1996. The 1 st respondent herein granted affiliation of the petitioner-college fortheyear 1996-97 after due inspection by the University Affiliation Commission. Temporary conditional affiliation was being granted every year after due inspection of temporary accommodation in Nellore and permanent location in Kovur where buildings were being constructed. 1st respondent-University granted extension of affiliation to the petitioner-college for the academic years 1998-99 and 1999-2000 subject to the conditions stipulated in the inspection commission report and compliance of the same. The report of the inspection commission for the year 1999-2000 clearly stated that the management should run the courses in the new building for the academic year 1999-2000. A compliance report dated 29-11 -1999 was been sent by the petitioner- College to the 1st respondent. The first respondent has instructed the Chairman of the Inspection Commission to ensure compliance of all basic requirements by the petitioner-college. Accordingly, the Inspection Commission visited the petitioner-college at Kovur. The 1st respondent-University in the affiliation order dated 9-7-2003 remarked that the petitioner-college constructed buildings in its own land at Kovur and shifted the college from Nellore to Kovur without obtaining permission of second respondent. The affiliation order dated 9-7-2003 further directed the petitioner-college to obtain permission from 2nd respondent herein for shifting the college to new building on or before 31 -3-2003 as otherwise the extension of affiliation for the year 2004-2005 will not be granted and that the petitioner-college will not be permitted to make admissions for the year 2004-2005 and that suitable action will be taken against the petitioner-college by placing the matter before the authorities. The petitioner-college made representation to the 1st respondent on 7-8-2003 and also on 26-8-2003, but first respondent had not attended to the representations of the petitioner-college. There is absolutely no deficiency in running the college in its own premises at Kovur. The Rules, 1987 do not contemplate any permission to be obtained from 2nd respondent for running the courses in the sanctioned locations since permission was already granted for locating the college at Kovur. Hence, this writ petition questioning the condition imposed by the first respondent- university in its affiliation order dated 9-7-2003.

(3.) The first respondent-University has filed its counter and the same has been adopted by the 2nd respondent. It is stated in the counter that the second respondent in its proceedings No.APSCHE/UG/ACS/SEC/96, dated 9-9-1996 permitted the petitioner to start a new Degree College namely Srinivasa Degree College, under the Societies name S.V.Human Resources Development Society at Door No. 15/53, Brindavanam, Nellore. On the recommendations of the Inspection Commission, the first respondent- University granted temporary conditional affiliation to the petitioner- college. Later on the college has been granted extension of affiliation for the existing courses upto the academic year 2003-2004. Inspection Commissions were appointed in connection with the grant of affiliation and were asked to visit the petitioner- college situated at Brindavanam, Nellore only. The 1st respondent University never gave any specific instructions to the Inspection Commission to visit the new buildings of the petitioner-college situated at Kovur. The 1st respondent-University has appointed Inspection Commission to visit the petitioner- college during the year 1999-2000 to verify and submit a detailed report whether the college is fit for grant of extension of affiliation for the academic years 1998-99 and 1999-2000. The Inspection Commission inspected the college on 25-1-1999 and submitted a detailed report recommending for grant of extension of affiliation for the years 1998-99 and 1999-2000. During the inspection, they remarked that the management should run the courses in the new buildings from the academic year 1999-2000 and also recommended for another Commission to verify whether the college has started all the courses in the new building or not. The petitioner-college was granted extension of affiliation for the year 1998-99 and 1999-2000 and directed the Correspondent of the college to fulfill all the conditions/deficiencies pointed out by the Inspection Commission while communicating a copy of the Inspection Commission report. The Inspection Commission has no jurisdiction to recommend for any shifting of the college. More over the Inspection Commission has simply offered their remarks in their inspection report. The petitioner has thoroughly mistaken the remarks of the Inspection Commission and thus shifted the college from Brindavanam, Nellore to Kovur without obtaining prior permission of second respondent. Under Rule 14(3) of the Rules, 1987 any unauthorized shifting of the institution shall render lapse of the permission/ recognition/affiliation granted to the institution automatically, without any further notice or orders vide GO.Ms.No.29, dated 5-12-1987. The petitioner has neither informed R1/R2 nor sought any permission or ratification about shifting of the college. The Government of Andhra Pradesh delegated the powerto grant or refuse permission for establishment of various categories of educational institutions to the second respondent. Rule 9 of the said Government Order deals with the power to grant or withdraw recognition/affiliation. The competent authority is the second respondent-University of the concerned area. When the petitioner-college was granted new combinations/ courses for the year 2003-04 in the proceedings of the second respondent, it was clearly noted that the college has to take the permission for shifting the college from Brindavanam, Nellore to Kovur. The Rules governing the establishment of new degree college/new courses/ combinations/ additional sections are very clear that the prior approval of 2nd respondent with regard to shifting of the college from one place to another is compulsory vide proceedings dated 23-7-2003. The Inspection Commission visited the college on 19-4-1998 and recommended for extension of affiliation for the year 1997-98. While recommending temporary affiliation for B.Sc. Maths, Stats., Computer Science English medium 30 seats, the Inspection Commission remarked that "the management has built new building to house the college from the next academic year 1998-99. They may be advised to buy some more computers in the third year and also recommended another Commission at the end of the third year when they occupy the new premises." The Inspection Commission which visited the college during the year 1999-2000 i.e. on 25-1-1999 for extension of affiliation for the academic years 1998-99 and 1999-2000 remarked that the college has to run the courses in the new building from the academic year 1999-2000. The petitioner-college did not take any action in seeking ratification with regard to its shifting. The Inspection Commission which visited the petitioner-college during the academic year 2003-2004 for considering extension for the existing courses noted that the college has been shifted to the new building without obtaining prior permission from the respondents. The same was indicated to the petitioner-college along with the affiliation order and was directed to obtain necessary permission/ratification from the 2nd respondent on or before 31-12-2003 by Memo.No.C-lll(5)/2003-04, dated 9-7-2003. The petitioner-college for the first time made a proposal directly to the second respondent seeking permission/ratification for shifting of the college by its representation dated 12-9-2003. Based on the proposal of the petitioner-college, second respondent directed the petitioner-college to substantiate the ten points that have been mentioned in the letter dated 15-9-2003 and to resubmit the proposal after fulfilling the same. Instead of submitting the proposals as required by the second respondent, the petitioner has submitted the same to first respondent which was duly forwarded to the second respondent. In reply, the second respondent requested the first respondent to appoint Inspection Commission to verify the ten points mentioned in their letter dated 15-9-2003 and to submit a report recommending for shifting of the college, unauthorisedly, for ratifying the same. The petitioner was immediately requested to submit the proposals with relevant documents and necessary fees for conducting inspection and to recommend for ratification of the action taken by the Correspondent in shifting the college by letter dated 21-11-2003. But the petitioner-college has not responded so far to the above letter. When the respondents are ready to consider the issue of shifting of the college by the petitioner-college in a very considerate manner, the petitioner-college instead of availing the facility being offered by the concerned authorities represented the matter to the Hon'ble Chief Minister of Andhra Pradesh. W.P.No.12340 of 2003, a Public Interest Litigation, was filed by the Society for Common Cause, Nellore against the respondents and other private colleges in Nellore District. A detailed counter affidavit was filed by the respondents in the above referred writ petition stating that necessary action will be taken on the colleges which violated the norms of APSCHE/University. The petitioner-college constructed its own buildings in Kovur, Nellore District way back in the year 1998. It is mandatory on the part of the management to seek prior approval/ permission of APSCHE/university or get ratification of their action in shifting the college.