APHC010433592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22101/2024 Between: 1. ANTERVEDIPALEM FIRKA DEVELOPMENT TRUST, HAVING ITS REGD. OFFICE AT D. NO. 3-113, MALIKIPURAM, MALIKIPURAM MANDAL, EAST GODAVARI, ANDHRA PRADESH REP. BY ITS SECRETARY, SRI MV SATYA NARAYANA MURTHY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HUMAN RESOURCES (HIGHER EDUCATION) DEPT. AP SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT 2. THE ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION, NEELADRI TOWERS, 6TH BATTALION ROAD, MANGALAGIRI, GUNTUR DISTRICT REP. BY ITS SECRETARY 3. THE CHAIRMAN, ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION NEELADRI TOWERS, 6TH BATTALION ROAD, MANGALAGIRI,GUNTUR DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly a Writ in the nature of MANDAMUS, declaring the proceedings issued by the 3rd Respondent in No. APSCHE/Secy/Enq.Committee/AFDT/Sri DVP/2024 Dt. SRK, J WP No.22101 of 2024 2 24.09.2024 appointing a committee to conduct a discreet enquiry is being illegal, arbitrary, high-handed, without jurisdiction, and violative of the provisions of the AP State Council of Fligher Education Act, 1988, and AP Societies Registration Act and consequently direct the Respondents not to act upon the said proceedings for taking any further action against the Petitioner herein. Counsel for the Petitioner: 1. Y V ANIL KUMAR Counsel for the Respondent(S): 1. S PARINEETA 2. GP FOR HIGHER EDUCATION 3. K RADHIKA The Court made the following: SRK, J WP No.22101 of 2024 3 Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer; “….pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the proceedings issued by the 3rd respondent in No. APSCHE/Secy/Enq.Committee/AFDT/SriDVP/2024 dated 24.09.2024 appointing a committee to conduct a discreet enquiry is being illegal, arbitrary, high- handed, without jurisdiction, and violative of the provisions of the AP State Council of Higher Education Act, 1988, and AP Societies Registration Act and consequently, direct the respondents not to act upon the said proceedings for taking any further action against the petitioner herein.” 2. Case of the petitioner is that petitioner society was established in the year 1984 by Sri Mupparti Venkata Ratnam, Rudra Raju Ramalinga Raju, Jana Veera Bhadraiah and Mangena Satya Narayana Murthy. At the request of the founding members of the Trust, one Sri Alluri Chandra Raju had purchased Ac.7-03 cents of land through 13 registered sale deeds and gifted the same to petitioner society for educational purposes. Subsequently, an extent of Ac.0-65 cents was purchased by the AFT Trust, thereby increasing the total landholding for educational purposes to Ac.7-68 cents. The petitioner was registered under Section 1 of the Societies Registration Act, SRK, J WP No.22101 of 2024 4 1860, in the year 1975 vide Registration No.113/1975, under the name and style “Antervedipalem Firka Development Trust, Malikipuram”. The main objectives of the petitioner society are to take suitable steps for the progress and development of the people of Razole and Malikipuram Mandals, East Godavari District, including their social, moral and financial upliftment, and to provide enhanced medical and educational facilities. The Society also aims to construct schools, colleges, technical institutions, libraries, student hostels, hospitals and nursing homes etc. Since the inception, petitioner society is committed in various charitable activities in and around Razole and Malikipuram Mandals, East Godavari. 1st respondent herein issued G.O.Ms.No.42, Higher Education Department, dated 10.08.2021 inviting applications and proposals from private aided institutions willing to surrender aid along with their assets without claiming any compensation. Pursuant thereto, the AFD Trust and the management of the educational institutions submitted proposals to 1st respondent for availing surrender of aid in respect of MVN JS & RVR College of Arts and Science (Degree College) in terms of the said G.O. Consequently, 1st respondent accepted the proposals and issued SRK, J WP No.22101 of 2024 5 G.O.Ms.No.12, dated 29.03.2022, taking over the aid, assets of the MVN JS & RVR College of Arts and Science (Degree College). Aggrieved thereby, W.P.No.9669 of 2022 was filed challenging the said G.O. Likewise, W.P.No.16383 of 2022 was filed before this Court assailing G.O.Ms.No.102, School Education (PS) Department, dated 01.06.2022, whereby aid and assets of AFDT High School and AFDT Junior College were proposed to be surrendered. This Court, by order, dated 17.06.2022 in I.A.No.1 of 2022 in W.P.No.16383 of 2022, suspended G.O.Ms.No.102. By virtue of the aforesaid orders, all further proceedings pertaining to handing over of aid and assets of all the educational institutions under the petitioner AFD Trust were stayed by this Court. While the matter stood thus, 3rd respondent, who is working as Chairman (I/c) of 2nd respondent, issued the impugned proceedings No.APSCHE/ Secy/ Enq.Committee /AFDT/SriDVP/2024, dated 24.09.2024 on the grounds of agitation by the staff of AFDT Institutions for payment of salaries, a request for termination of the Governing Body, appointment of a Special Officer, and constitution of a committee for a discreet enquiry and submission of a detailed report. It appears that the said proceedings were issued pursuant to the letter addressed by SRK, J WP No.22101 of 2024 6 Sri Deva Varaprasad, M.L.A., Razole Assembly Constituency, Dr. B.R.Ambedkar Konaseema District, dated 18.09.2024. In that regard, vide impugned order dated 24.09.2024, 2nd respondent-the Chairman, APSCHE, constituted a committee comprising (i) Dr. C. Krishna, Joint Director, Collegiate Education, Mangalagiri, Guntur, (ii) Prof. D. Jyothirmai, Department of English, Adikavi Nannayya University, Rajamahendravaram; and (iii) Prof. R.V.S.S.N.Ravi Kumar, Department of Physics, Acharya Nagarjuna University, Guntur, to conduct a detailed enquiry into the matters raised by the said M.L.A., and submit a report within ten days from the date of issuance of the order. Hence, the present writ petition. 3. Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of 2nd respondent. 4. This Court perused the letter in Lr.No.1575173/CE/A2/2021, dated 19.09.2024 issued by the Secretary to Government, Higher Education [CE] Department, which discloses that a copy of the reference cited (i.e., the letter from Sri Deva Varaprasad, M.L.A., dated 18.09.2024) was forwarded to 2nd respondent with a request to examine the issue as per Rules and furnish a detailed report to the Government for taking further action in the matter. SRK, J WP No.22101 of 2024 7 5. On perusal of the aforesaid Government letter, it is evident that the Government requested the 2nd respondent to examine the matter discretely and submit a report based on the M.L.A’s letter. In pursuance to the same, the Chairman has constituted the committee to conduct the enquiry and submit a report within ten days. The said proceedings were challenged by way of this Writ Petition. 6. By order, dated 01.10.2024, this Court observed that “as seen from the impugned order, there is no mention in the impugned order, the Government directing the third respondent to conduct an inquiry. Even assuming that government has recommended for an enquiry against the petitioner, a 30 days’ notice, is mandatory under A.P.Education Act and the Government cannot delegate this power to the third respondent to order for an enquiry.” 7. In view of aforesaid reasons, this Court suspended the impugned proceedings as prayed for, for a period of six weeks. The interim order was thereafter extended from time to time. Based on the letter issued by Sri Deva Varaprasad, M.L.A, dated 18.09.2024, the Regional Joint Director of Collegiate Education, Rajamahendravaram, issued proceedings in R.C.No.429/B1/2025 dated 23.05.2025, ordering an enquiry against the petitioner. SRK, J WP No.22101 of 2024 8 8. Sri Y. V. Ravi Prasad, learned Senior Counsel appearing on behalf of the learned counsel for petitioner submits that the petitioner has not challenged the said enquiry proceedings and is cooperating with the enquiry. 9. Learned Assistant Government Pleader concurs with the fact that the petitioner is participating in the enquiry being conducted by the Regional Joint Director of Collegiate Education, Rajamahendravaram. When such is the case, an implead petition, I.A.No.2 of 2024, has been filed by the proposed respondents 4 to 7 claiming themselves to be hereditary members of the Trust. On perusal of the affidavit, this Court finds that certain allegations have been made as against the petitioner, however, it is not stated therein that the petitioners are hereditary members of the Trust. When this was pointed out, the learned counsel for the implead petitioners submits orally that they are hereditary members to the Trust. 10. In the light of the aforesaid facts and circumstances, this Court is of the opinion that, since the Regional Joint Director of Collegiate Education, Rajamahendravaram, has already initiated enquiry as against the petitioner vide R.C.No.429/B1/2025 dated 23.05.2025 based on the letter issued by Sri Deva Varaprasad, M.L.A, dated 18.09.2024, respondent No.2 has no role in SRK, J WP No.22101 of 2024 9 conducting a further detailed enquiry under the impugned proceedings. Since considerable progress has already been made in the enquiry being conducted by the Regional Joint Director of Collegiate Education, this Court is of the view that no further enquiry is necessary pursuant to the interim order. 11. Accordingly, the Writ Petition is Allowed, and impugned proceedings issued by the 3rd Respondent in No. APSCHE/Secy/Enq.Committee/AFDT/Sri DVP/2024, dated 24.09.2024, are hereby set aside. I.A.No.2 of 2024 is dismissed. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date: 04.11.2025 ARB SRK, J WP No.22101 of 2024 10 287 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.22101 of 2024 Date: 05.11.2025 ARB