Andhra Pradesh High Court
WP/19055/2016 of Sri Trikoteswara Swamy Educational Society Vs The State of Andhra Pradesh on 29 December 2023
COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER ^ TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19055 OF 2016 Between: 1. Sri Trikoteswara Swamy Educational Society, (Regd. No. 171/1984)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINETH DAY OF DECEMBER
^
TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHAWRIT PETITION NO: 19055 OF 2016
Between:
1. Sri Trikoteswara Swamy Educational Society, (Regd.No. 171/1984)Narasaraopet, Rep. by its Secretary, Narasaraopet, Guntur District.Narasaraopet, Rep. by its Secretary, Narasaraopet, Guntur District.2. N.B.T & N.V.C. College, Rep.byits Secretary &Correspondent,N.Ramachandra Prasad, Narasaraopet, Guntur District.N.Ramachandra Prasad, Narasaraopet, Guntur District.
AND
1. The State of Andhra Pradesh, Rep. by it's Secretary, Higher EducationDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.
2. The Commissioner of College Education, Andhra Pradesh, Hyderabad.3. The Regional Joint Director, Collegiate Education, Guntur. GunturDistrict.3. The Regional Joint Director, Collegiate Education, Guntur. GunturDistrict.
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed prayingthat in the circumstances statedin the affidavit filed therewith, the HighCourt may be pleasedtoissue a Writof MandamusoranyotherappropriateWritorOrderdeclaringtheimpugnedorderRc.No.15/Admn.l1/2016 dated 27-05-2016 passed by the respondentNo.2rejecting the application of the petitioner dated 23-03-2015 torepatriate theTeaching and Non-Teaching staff of the second petitioner collegeback toenable the petitionersto run the2""' petitioner collegeasillegalandarbitraryandissueaconsequentialdirectiontotherespondentsto repatriate the Teaching and Non-Teaching staff of the secondpetitionercollege back forthwith and pass such orders as deem fit and proper in thefacts and circumstances of case.
I.A. NO: 2 OF 2016(WPMP. NO: 23375 OF 2016)
PetitionunderSection151CPCisfiledprayingthatinthecircumstances stated in the affidavit filed in support of the writ petition, theHigh Court may be pleased to direct the respondents not to interfere withthe management of thefirst petitioner of the secondpetitioner collegepending disposal of the above Writ Petition
I.A. NO: 3 OF 2016(WPMP. NO: 24654 OF 20161
Between:
1. Sri Trikoteswara Swamy EducationalSociety,(Regd.No. 171/1984)Narasaraopet, Rep. by its Secretary, Narasaraopet, Guntur District.Narasaraopet, Rep. by its Secretary, Narasaraopet, Guntur District.
2. N.B.T & N.V.C. College,Rep.byits Secretary &Correspondent,N.Ramachandra Prasad, Narasaraopet, Guntur District.N.Ramachandra Prasad, Narasaraopet, Guntur District.
AND
1. The State of Andhra Pradesh, Rep. by it's Secretary, Higher EducationDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.
2. The Commissioner of College Education, Andhra Pradesh, Hyderabad.3. The Regional Joint Director, Collegiate Education, Guntur. GunturDistrict.3. The Regional Joint Director, Collegiate Education, Guntur. GunturDistrict.
... RESPONDENTS4. Kodela Sivaprasada Rao, S/o late Sri. Sanjivaiah, aged about 67yearsR/o Rajagari Kota, Narasaraopet, Guntur District.R/o Rajagari Kota, Narasaraopet, Guntur District.
...PROPOSED RESPONDENT
PetitionunderSection151CPCisfiledprayingthatinthecircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased impleadSri Kodela SivaprasadaRao,theRespondent No.4 herein as Respondent No.4 in W.P.No. 19055/2016
j.A. NO: 1 OF 2016(WVMP. NO: 2204 OF 2nifi)
Between:
1. The State of Andhra Pradesh, Rep. by it's Secretary, Higher EducationDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.
2. The Commissioner of College Education, Andhra Pradesh Hyderabad. Hyderabad.
AND
1.Sri Trikoteswara Swamy Educational Society, (Regd.No. 171/1984)Narasaraopet, Rep. by its Secretary, Narasaraopet, Guntur District.Narasaraopet, Rep. by its Secretary, Narasaraopet, Guntur District.3. N.B.T & N.V.C. College,Rep.byits Secretary &Correspondent,N.Ramachandra Prasad, Narasaraopet, Guntur District.N.Ramachandra Prasad, Narasaraopet, Guntur District.
...RESPONDENTS
PetitionunderSection151CPCisfiledprayingthatinthecircumstances stated in the affidavit filed in support of the writ petition, theHigh Court may be pleased to vacate the interim passed in W.P.No.19055of 2016 dated 16.06.2016
Counsel for the Petitioner: SRI. G MADHUSUDHAN REDDYCounsel for the Respondent Nos. 1 to 3: GP FOR HIGHER EDUCATION(AP)
The Court made the following: ORDER
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.l9055 of 2016
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ORDER:
This Writ Petition came to be filed under Article 226[of]the Constitution of India seeking the following relief:- toissueaWritofMandamusoranyotherappropriateWritorOrderdeclaringtheimpugnedorderRc.No.l5/Admn-l-l/2016,dated27.05.2016passedbytherespondent No.2 rejecting the application of the petitioner[dated]23.03.2015 to repatriate the Teaching and Non-Teaching[staff][ of]the second petitioner college back to enable the petitionerstorunthe 2"d petitioner college as illegal and arbitrary[and][ issue][ a]consequentialdirectiontothe respondentstorepatriatetheTeaching and Non-Teaching staff of the second petitioner[college]back forthwith and pass such orders as deemfit and[proper][ in]the facts and circumstances of case—”
Today when the writ petition came up for hearing, learnedGovernment Pleaderfor Higher Education has broughttothenoticeofthisCourtthatthepetitionershereinhavefiledW.P.No.29072 of 2017 before this Court, seeking same[relief][ as]sought in the present writ petition, which was dismissedon03.04.2023 and submitted that no further adjudication[would][ be]necessary' in the present writ petition.
Recordingtheabovesubmission,thiswritpetitionisdismissed as infructuous. There shall be no order as[to][ costs.]
I
Miscellaneous petitions pending,if any,in the WritPetitions, shall stand closed.
SD/-P. VINOD KUMAR//TRUE COPY//ASSISTANT REGISTRAR
SECTION OFFICER
To.
1. One CC to SRI. G MADHUSUDHAN REDDY Advocate [OPUC]
2. Two CCS to GP FOR HIGHER EDUCATION (AP), High Court[Of]
Andhra Pradesh. [OUT]
3. Three CD Copies
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V*#'aS
HIGH COURT
DATED:29/12/2023
ORDER
WP.No.19055 of 2016
H2 3 AUG 207'. \\V*3.-wCurreol Section
DISMISSING THE WP AS INFRUCTUOUSWITHOUT COSTS