GOWTHAMI CO OPERATIVE JUNIOR COLLEGE Vs. COMMISSIONER AND SECRETARY BOARD OF INTERMEDIATE EDUCATION HYDERABAD

JUDGEMENT

(1.) Aggrieved by the proceedings in RC. No. 86/E3-1/89-90, dated 25-5-1999 issued by the respondent-Commissioner and Secretary, Board of Intermediate Education, whereunder the recognition/affiliation granted to the petitioner-College was disaffiliated under Rule 14(3) as per G.O. Ms. No. 29-Education (Rules), dated 5-2-1987 from the academic year 1998-99 and directed the petitioner not to admit any students from the academic year 1999-2000, the present writ petition is filed.

(2.) The counsel for the petitioner strenuously contended that the respondent has no power to cancel the recognition/permission granted to the petitioner-College, moreso under Rule 14(3) of the Andhra Pradesh Educational Institution (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 issued under G.O. Ms. No. 29, Education (Rules), dated 5-2-1987, as the college was started in co-operative sector and the rules applicable to these colleges are governed by G.O. Ms. No. 251, Education (Rules), dated 27-6-1988 and even assuming for a moment that the respondent is having power, the procedure prescribed under Rule 16(1)(b) of the A. P. Sahakar Junior Kalasalalu (Registration, Establishment, Recognition and Regulation) Rules, 1988 (G.O. Ms. No. 251), was not followed.

(3.) To appreciate these contentions the factual background of this case has to be looked into. Admittedly, on 12-9-1989, the Chief Promoter of Gowthami Educational Society made a representation to the Hon'ble Minister for Education seeking permission to establish a Co-operative Junior College at Lambadipet, Vijayawada, which is a backward area situated on the outskirts of Vijayawada one town by contending that Vijayawada one town has got a population of three lakhs people and it is having a number of backward areas and that the two junior colleges situated in the locality are not able to meet the requirement of the students. Considering the request of the society, the A. P. State Council of Higher Education in its proceedings No. 41/APSCHE/89-5, dated 30-10-1989 provisionally permitted several junior colleges to be established all over the State including the petitioner-College at Sl. No. 7 in the Annexure enclosed to the proceedings. In the first paragraph of the proceedings it is stated that provisional permission to the societies mentioned in the Annexure to start the Intermediate course is accorded subject to the conditions laid down thereunder. The conditions that are relevant to adjudicate the dispute are clause Nos. 8, 10, 16 and 17. Under clause 8, the society shall not violate any of the conditions laid down by the Andhra Pradesh State Council of Higher Education/Board of Intermediate Education/Director of Higher Education at the time of according affiliation to the junior kalasalu or any other rules issued from time to time. Under clause 10, the society shall obtain affiliation before starting the kalasalu from the Board of Intermediate Education. Under clause 16, the permission accorded to a society may be withdrawn if it fails to fulfil the conditions stipulated and comply with the instructions issued and rectify the lapses pointed out. Under Clause 17, the Government shall have all the residual powers as well as overriding powers of control over the society and are competent to prescribe appropriate guidelines for running the institutions in general. In the Annexures enclosed to the proceedings, it is shown as hereunder at Sl. No. 7."GowthamiRegd. No.VijayawadaEducational Society,159(Urban),Lambadipeta,KrishnaVijayawada.District. It is not in dispute that after establishing the college at Lambadipet, it was shifted to Satyanarayanapuram around 1994-95 and from there to Krishna Lanka during the year 1997, without the knowledge and prior permission of the respondent. Having come to know about the shifting of the college, the respondent in his letter RC. No. 86/E3-1/89-90, dated 27-6-1998 issued a show cause notice to the petitioner to explain why action should not be taken for cancellation of the recognition for shifting the college from Lambadipet to Satyanarayanapuram and then to Krishna Lanka, without prior permission from the Board of Intermediate Education. The show cause notice dt. 27-6-1998 is extracted hereunder :