(1.) The two appeals are directed against a common order dated 29-12-2009 of the learned single Judge in W.P.Nos.28521 of 2009 and 28567 of 2009. The writ petitions challenged inter alia the circular dated 27-12-2009 issued by the Registrar, Osmania University, Hyderabad (the University), communicating the decision of the Executive Council of the University (the E.C.) to close all the campus, constituent and affiliated colleges under the University's jurisdiction as well as all the hostels and messes on the campus and constituent colleges of the University, during 28-12-2009 to 05-01-2010. All the campus, constituent and affiliated colleges are to be closed during 26-12-2009 to 05-01-2010.
(2.) The order under appeal records a prima facie conclusion that the power to close hostels is vested in the principal of the concerned institution under Clause 27 of the Rules and Regulations, 2006 framed by the University as is set out in the Hand Book of Hostels and Messes (the Hand book) and that the decision to close messes could be resorted to during summer vacations. It is also observed (in the order under challenge) that whether the Executive Council of the University could legitimately take into consideration the letter dated 24-12-2009 of the Commissioner of Police Hyderabad (the Commissioner) and instructions received by the Vice-chancellor of the University from the State Government needs to be considered at a later stage. The order directs that such of the regular boarders who wish to remain in the hostels and continue their studies ought not to be compelled to leave but should not however be permitted to resort to acts of violence or disturbances in the campus. Accordingly while suspending the circular dated 27-12-2009 (directing closure as already adverted to) certain conditions were imposed viz., (a) that only the genuine boarders, who have valid admissions in the hostels would be entitled to stay and avail the facilities; (b) the boarders shall not resort to violence or other objectionable activities in the hostels; and (c) shall not give opportunity to outsiders to share their accommodation.
(3.) The learned Advocate General appearing for the appellants contends that the circular impugned was a communication by the Registrar of the University, of the decision of the E.C. taken in purported exercise of powers under Section 19(14 and 22) of the Andhra Pradesh Universities Act, 1991 (for short 'the Act,); that the E.C's decision was after due consideration of the relevant circumstances and on exercise of independent discretion on the basis of its assessment of the law and order situation including as revealed in the advisory of the Commissioner qua the letter dated 24-12-2009;and the decision by the E.C. was a pre-emptive and prophylactic measure to prevent acts of violence and to maintain law and order and tranquility. The learned Advocate General would also contend that the provisions of paragraph No. 27 of the Handbook or the paragraph therein dealing with the "Vacation for Colleges being vacation for Hostels" (page No. 39 of the compilation in W.A.No. 1491 of 2009) cannot circumscribe or diminute the plenitude or contours of the discretion, powers and authority of the E.C. consecrated qua the provisions of Section 19 (14) and (22) of the Act. The appellants further contend that the State and its appropriate agency/authority - Commissioner (for the territories within his jurisdiction) are the constitutional and lawful repositories of the power and thus the concomitant obligation to maintain public order, peace and tranquility. The State and the Commissioner have access to critical and relevant inputs and information and have the expertise to analyse and synthesise the inputs and information coupled with the authority to arrive at a judgment of current and potential threat to public order and peace and the concomitant authority to initiate appropriate measures to meet current or dynamic situations. The University is not equipped nor has the expertise to deal with or access to relevant and critical information to manage law and order even within its territory and must of necessity depend upon and defer to the assessment made in this behalf by the State or its Authorities/ Agencies.