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2024 DAILYLAW 1978 (AP)

JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY v. JOSEPH SRIHARSHA AND MARY INDRAJA EDUCATIONAL SOCIETY

WA/632/2024 · 2026-08-12

Challa Gunaranjan, Lisa Gill

body2024

Judgment text

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APHC010318922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 632 of 2024 Bench Sr.No:-10 [3584] Jawaharlal Nehru Technological University ...Appellant Vs. Joseph Sriharsha and Mary Indraja Educational Society and others ...Respondents ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 13th August, 2026 Present : Advocate for Appellant: Mr CH.S.V.Suraj [SC for JNTU Kakinada] Party in person for R.1 & R.2 : Advocate(s) for Respondent(s) : Dr K V K Rao (through VC) GP for Higher Education for R.3, Ms K Radhika for R.4 LISA GILL, CJ: Prayer in this writ appeal is for setting aside order dated 23.07.2024 passed by learned Single Bench whereby writ petition filed by respondent Nos.1 & 2 herein has been allowed, directing C.I.D Office to register crime against respondent No.4/Registrar, Jawaharlal Nehru Technological University, Kakinada and intimate F.I.R number to the Court. This order, it is submitted, has been passed in the absence of any representation on behalf of appellant. 2 HCJ & CGR, J WA_632_2024 2. Learned counsel for appellant i.e., respondent No.4 before writ Court, submits that it is due to unavoidable circumstances that somehow Standing Counsel of University could not appear on the date fixed i.e., 23.07.2024 after issuance of notice; writ petition was allowed on that very date, without affording even one opportunity to the present appellant to put in appearance and submit its counter; in the given circumstances, matter should be heard afresh by learned writ Court after affording due opportunity of hearing to present appellant. It is further submitted that in case an opportunity is afforded, counter would be filed by appellant within one week. It is thus prayed that impugned order dated 23.07.2024 be set aside 3. Dr. K V K Rao representing writ petitioners and arguing in person has opposed the appeal while submitting that learned writ Court has correctly held that University has issued affiliations as autonomous status to 48 undeserved colleges in collusion with said colleges and direction to register F.I.R has been correctly given. 4. He further submits that documents on record clearly prove that no verification was carried out by appellant University regarding compliance of the colleges in question with AICTE Rules. He has referred to para 10 of writ affidavit as well as clause 7.39 Approval Process Hand Book 2023-24 of AICTE. He has also referred to judgment of Hon’ble the Supreme Court in APJ Abdul Kalam Technological University vs. Jai Bharath College of Management and Engineering & Others [AIR Online 2020 SC 899] to 3 HCJ & CGR, J WA_632_2024 submit that appellant has to be taken to task for grant of these illegal affiliations. Dismissal of appeal is sought. 5. We have heard learned counsel for appellant and Dr. K V K Rao representing writ petitioners. 6. It is a matter of record and not denied that notice in writ petition was issued on 01.07.2024, present appellant was served as per impugned order on 03.07.2024 and as per appellant on 05.07.2024. Same is irrelevant as matter was admittedly taken up for hearing on 23.07.2024 after issuance of notice on 01.07.2024. It is on this date itself that writ petition was allowed with following observations: “4. Having received the notice, the respondent No.4 did not made appearance before this Court today and the grievance of the petitioner in the present writ petition is that the University issued affiliations as autonomous status to 48 undeserved colleges, in collusion with the colleges. 5. As no opposition, the assertions made in the writ petition shall be deemed to have been admitted, as such, this Court feels that the present writ petition deserves to be allowed as the respondent No.4 intentionally did not make appearance before this Court. 6. Accordingly, the present Writ Petition is allowed, directing the CID Office situated at Police Head Quarters, Crime Investigation Department Floor, Mangalagiri, Andhra Pradesh, Pin Code No.522503, to register crime against the respondent No.4/Registrar, Jawaharlal Nehru Technological University, Kakinada and intimate the F.I.R number to this Court by Friday i.e., 26.07.2024. CID is further directed to investigate into the crime and file charge sheet in accordance with law.” 4 HCJ & CGR, J WA_632_2024 7. Keeping in view the facts and circumstances as above, in our considered opinion, it is just and expedient to afford one opportunity to the appellant to present its case. Order dated 23.07.2024 is accordingly set aside and WP.No.13365 of 2024 remitted to learned writ Court to be decided afresh after affording due opportunity of hearing to present appellant. Counter on behalf of appellant shall be filed within next two weeks positively. No further opportunity shall be afforded. We take note of the undertaking on behalf of appellant before us that it shall be represented before learned Single Bench on each and every date fixed. W.P.No.13365 of 2024 be listed for hearing before learned Single Bench as per Roster, on 07.09.2026. 8. Writ Appeal is, accordingly, disposed of. There is no expression of opinion on merits of the matter which is within realm of consideration by learned writ Court. No costs. Pending application(s) if any stand(s) disposed of accordingly. LISA GILL, CJ CHALLA GUNARANJAN, J Vjl Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No