KONERU LAKSHMAIAH EDUCATION FOUNDATION, INSTITUTION DEEMED-TO-BE-UNIVERSITY Vs. THE COMMISSIONER OF TECHNICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH AND ORS.

JUDGEMENT

(1.) KONERU Lakshmaiah Education Foundation, Institution Deemed -to -be -University, Vijayawada, filed these two writ petitions. In W.P. No. 21835 of 2009, the petitioner foundation challenged the proceedings dated 19.09.2009 of the Commissioner of Technical Education, Andhra Pradesh, Hyderabad (hereinafter referred to as 'the Commissioner'), appointing the Regional Joint Director of Technical Education, Tirupati, Chittoor District, as an Enquiry Officer to conduct an enquiry into the functioning of Koneru Lakshmaiah College of Engineering, the teaching unit of the petitioner foundation, while in W.P. No. 22751 of 2011, it assailed the proceedings dated 18.06.2011 of the Commissioner appointing the Regional Joint Director of Technical Education, Kakinada, East Godavari District, as an Enquiry Officer to conduct an enquiry into the functioning of its teaching unit, Koneru Lakshmaiah College of Engineering. Consequential directions were sought to the authorities in both the writ petitions not to interfere with the activities of the petitioner foundation in any manner in the light of the status acquired by it under Section 3 of the University Grants Commission Act, 1956 (for brevity, 'the Act of 1956').

(2.) IN W.P. No. 21835 of 2009, an interim order was passed by this Court on 13.10.2009 suspending the operation of the impugned proceedings dated 19.09.2009. The said interim order was made absolute on 09.04.2010, when the vacate stay petition filed by the fourth respondent therein, the A.P. Affiliated Private Engineering Colleges Non -Teaching Staff Federation, Hyderabad, was dismissed. In the said order, this Court observed that the Commissioner ought to have put the petitioner foundation on notice, elicited its views and if not satisfied with its explanation, a reasoned order should have been passed for ordering an enquiry. This Court opined that mere allegations made by the fourth respondent would not be enough to constitute an enquiry committee behind the back of the petitioner foundation. Holding so, the interim order was made absolute.

(3.) IN W.P. No. 22751 of 2011, by order dated 11.08.2011, this Court permitted the petitioner foundation to submit its objections to the impugned proceedings dated 18.06.2011, urging all grounds available to it, to the Commissioner who was directed to consider the same and pass appropriate orders in accordance with law before taking further steps in the matter. This Court further directed that until such a decision was taken, the impugned proceedings should be kept in abeyance. Upon the vacate stay petition filed by the fourth respondent therein, the A.P. Affiliated Private Engineering Colleges Non -Teaching Staff Federation, Hyderabad, this Court passed an order on 28.09.2012 permitting the enquiry to go on pursuant to the impugned proceedings dated 18.06.2011, but directed that no action should be taken pursuant to the enquiry report that may be submitted by the Enquiry Officer. The Enquiry Officer's report was directed to be placed before this Court. The earlier interim order dated 11.08.2011 was accordingly modified to that extent.