RATNA SOLOMON COLLAGE OF ELEMENTARY EDUCATION INSTITUTION v. THE STATE OF ANDHRA PRADESH
WP/30956/2024 · 2025-02-11
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35765 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35765 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010602462024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NOs.30956 and 31471 of 2024 W.P.No.30956 of 2024 Between: Ratna Solomon Collage of Elementary Education and another ...PETITIONER(S) AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. TAGORE YADAV YARAGORLA Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
2. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL)
W.P.No.31471 of 2024 Between: Sri Sai Vignan D.Ed., College ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner:
1. TAGORE YADAV YARAGORLA Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
2. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL)
The Court made the following order:
2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NOs.30956 and 31471 of 2024
COMMON ORDER:
These Writ Petitions are filed under Article 226 of the Constitution of India against the De-recognition of the petitioner- institutions by the respondent authorities. As the relief sought for in these two writ petitions is one and the same, they are being disposed of by way of this common order.
2.
Learned counsel for the petitioner-institutions would submit that the issue in these writ petitions is covered by the order, dated 01.10.2024 in W.P.No.18253 of 2024 and batch and hence, prayed to pass similar order to these writ petitions also.
3.
Learned counsel for the 3rd respondent relying on the judgments of the Apex Court in the case of The Excise and Taxation Officer- cum-Assessing Authority and others1 and in the case of State of H.P. and others vs. Gujarat Ambuja Cement Limited and another2 contends that an appeal remedy is provided under Section 18 of the National Council for Teacher Education Act, 1993, hence prayed to direct the petitioner-institutions to avail the other alternative remedy available as upheld in the aforesaid judgments and prayed to dismiss the writ petitions.
1 2023 Live Law (SC) 70 2 (2005) 5 Supreme 161
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4.
Learned counsel for the petitioner-institutions would submit that in batch of writ petitions filed against the withdrawing the recognition of the institutions, several writ petitions came to be filed before this Court and this Court directed the petitioner to offer explanation to the show cause notice and hence, learned counsel requested to pass similar
order, relying on the orders delivered in common judgment in W.P.No.18253 of 2024 and batch inter alia relied on the judgment in State of Uttar Pradesh and others vs. Hirendra Pal Singh and others3 and in Bir Bajrang Kumar vs. State of Bihar4, wherein it is held that cases involving identical points must be given identical treatment by the Court, otherwise it may create an anomalous position, as there may be a possibility of contradictory orders being rendered in similar types of cases by the same Court and the same view has been reiterated by this Court in Vinod Trading Co. v. Union of India5.
5. In view of the above said circumstances and as already passed similar orders in several writ petitions filed assailing the De-recognition of the petitioner-institutions by the respondent authorities, this Court is inclined to dispose of these two writ petitions in terms of W.P.No.18253 of 2024, dated 01.10.2024. The alternative remedy has no bar to exercise the jurisdiction under Section 226 of the Constitution of India when exigency is requires.
3 (2011) 5 SCC 305 4 AIR 1987 SC 1345 5 (1982) 2 SCC 40
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6. Accordingly, the Writ Petitions are disposed of. There shall be no order as to costs. Registry is directed to attach a copy of the order dated 01.10.2024 passed in W.P.No.18253 of 2024 to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 11.02.2025 SPP
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NOs.30956 and 31471 of 2024
Date : 11.02.2025
SPP