Andhra Pradesh High Court
WP/33291/2023 of VIVEKANANDA DEGREE COLLEGE (COLLEGE CODE 099) Vs THE STATE OF ANDHRA PRADESH on 29 December 2023
HIGH COURT OF ANDHRA PRADESH (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: 33291 OF 20?:^ AMARAVATI Between: “9)' by its Correspondent Sri. DiJricO Andhra PradSh
IN THE HIGH COURT OF ANDHRA PRADESHAMARAVATI(Special Original Jurisdiction)(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
Between:
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 33291 OF 20?:^
“9)'by its Correspondent Sri.DiJricO Andhra PradSh
...PETITIONER
AND
-5300033. Andhra University, Rep by its RegistrarWaltair Junction, Visakhapatnam,Waltair Junction, Visakhapatnam,Andhra Pradesh - 530003
Waltair Junction, Visakhapatnam,
...RESPONDENTS
Petition under Article 226 of the Constitutionof India praying that in thecircumstancesstatediin the affidavit filed therewith, the High Court may bepleased to issuean appropriate writ more in the nature of Writ of Mandamuseclarmg the action of the Respondent in de- notifying examination Centre of theet,honor institution in the website without there being any notice or intimation tothe Petitioner institution and thereby disabling300 students to write examinationin the Petitioner institutionas opted by them, despite granting permission to thePetitioner torun the examination Centre vide ordersdated 10-10-2022, 22-11-2022 and 03-05-2023 asbeing arbitrary, illegal and violative of Articles14 and19 of the Constitution of Indiaand consequently show the name of the Petitionerinstitution in the website of the 2"^' Respondentas the examination Centre andissue such other writor order or direction as deemedfit and properinthecircumstances of case.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances statedm the affidavit filed in support of the writ petition, the High Court may be pleasedto direct the 2"'^ Respondent to show the name of the Petitioner institution in theexamination Centers enlisted in the website, duly enabling the students to optthe Petitioner institution as their examination Centre, pending disposal of the WritPetition, in the interest of justice.
Counsel for the Petitioner: SRI MATHUKUMILLI SRI VIJAY
Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION
Counsel for the Respondent Nos.2 & 3: SRI SAI KUMAR, SC FOR ANDHRAUNIVERSITY
The Court made the following: ORDER
HONOURABLE SMT. JUSTICE V.SUJATHAWRIT PETITION No.33291 of 2023
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ORDER:
Thepresent WritPetitionisfiledchallengingtheactionof the2"^^ respondentinde-notifying examinationCenterof the Petitioner institution in the website withouttherebeinganynoticeorintimationtothepetitionerinstitutionandtherebydisabling300studentstowriteexamination in the petitioner institution as opted by them,despite granting permissiontothePetitionerto runtheexaminatiqnCentrevideordersdated10.10.2022,22.11.2022 and 03.05.2023 as being arbitrary, illegal.
2. Heard learned counselfor thepetitioner as well aslearned counsel appearing for the respondents.learned counsel appearing for the respondents.
3. Today when the Writ Petition taken up for hearing.Mr.V.SaiKumar,learnedStandingCounselfortherespondents 2 and 3, informed this court that at the[time][ of]payment of the Examination fee itself, the candidates[were]informed that their Examination Centers can be changed[at]any movement without any prior noticeto the concernedMr.V.SaiKumar,learnedStandingCounselfortherespondents 2 and 3, informed this court that at the[time][ of]payment of the Examination fee itself, the candidates[were]informed that their Examination Centers can be changed[at]any movement without any prior noticeto the concerned Colleges. However,asper the proceedings dated10.10.2022of the Director of Schoolof Distance Education,AndhraUniversity, VisakhapatnamitappearsthatthepetitionerCollege was consideredfor conducting PQ examinationofSchool of Distance Education,Andhra University with effectfrom the Academic Year2021-2022 batch and onwards.Ititself shows that they have issued pernuss.on for thenextcommencing years also; in spite of thesame,withoutissuing any notice, the respondents havewithdrawntheexamination Center for thepetitioner College.
Conclusion
4-LearnedStandingcounsel.onoraliinstructions,further submitted thatthe 2»<i respondent-university itselfhas come forward torevoke the proceedings and include thepetitioner College also in the list of examination Centers.
5-Recording the above submission,iinstead of keepingthe matter pending, thiscourt feels it appropriate to disposeof the Writ Petition, with theconsent of both the counsel.directing the 2-“ respondentUniversity to enlist thename ofthe Petitioner institution in the ExaminationCenters in the website, duly enabling the students to opt the petitioner institution as their examination Center.
6. With the above direction, the Writ Petition is disposed of.There shall be no order as to costs.
As a sequel, miscellaneous applications, pending,if any, shall also stand closed.
SD/. K. J. RAJA BABU//TRUE COPY//ASSISTANT^GISTRARSECTION OFFICER
To,
Education,Waltair■Pradesh iMbos"""'"Visakhapatnam, Andhra5One rr MSri Vijay, Advocate[OPUC]b. One CC to Sri Sai Kumar, SC for AndhraUniversity[OPUC]6. Two CCs to GP for Higher Education7. Three CD Copies.High Court of Andhra Pradesh. [OUT]ssbMET
fujt^
//
HIGH COURT
DATED: 29/12/2023
ORDERWP.No.33291 of 2023
DISPOSING OF THE W.P. WITHOUT COSTS