Extracted from the PDF above. The PDF is authoritative.
APHC010522172023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No: 26949/2023 Between: Md Hafeez ...PETITIONER AND The State of AP and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. KAVITHA GOTTIPATI
Counsel for the Respondent(S):
1. GP FOR ANIMAL HUSBANDARY
2. ADDL ADVOCATE GENERAL (AP)
3. GP FOR GENERAL ADMINISTRATION
The Court made the following:
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ORDER:
The present Writ Petition is filed precisely to set aside the G.O.Ms.No.43 (AHDD & F) Department, dated 05.10.2023 in amending sub-clause (2) of Clause 5 of the First Statutes of the Sri Venkateswara Veterinary University Act, 2005, as it is contrary to the UGC Regulations.
2.
Learned counsel for the petitioner would submit that the present Writ Petition is squarely covered by the order of a Division Bench of this Court passed in WP (PIL) No.95 of 2023 along with W.P.No.17740 of 2023 dated 26.06.2024.
3. On perusal of the order in WP (PIL) No.95 of 2023 dated 26.06.2024, a Division Bench of this Court has issued a writ of quo warranto declaring the appointment of the Vice Chancellor of Dr. YSR Horticultural University, Venkataramannagudem, West Godavari District, as void ab initio, on the ground that the said appointment is contrary to the provisions of the UGC Regulations, notwithstanding the fact that the initial period of appointment has come to an end followed by the re-appointment of the Vice Chancellor for a second term, yet the re-appointment on that basis cannot be upheld and would therefore become unsustainable in law.
4.
Learned counsel appearing for the respondents has not disputed the same.
5. Therefore, the Writ Petition is allowed, in terms of the order of a Division Bench of this Court passed in WP (PIL) No.95 of 2023 along
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with W.P.No.17740 of 2023 dated 26.06.2024, and consequently, the impugned G.O.No.43 dated 05.10.2023 is hereby set aside. There shall be no order as to costs.
As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 06.01.2025
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.26949 of 2023
Date: 06.01.2025
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