Sneha Educational Society vs. State Of Andhra Pradesh

Held

The Court noted that the primary relief sought by the petitioner, which was the grant of provisional affiliation, had been granted by the 2nd respondent on March 31, 2021. Consequently, the challenge to the non-grant of affiliation became infructuous. The Court also addressed the petitioner's contention regarding the non-inclusion of the college in the web counselling list. While acknowledging this as a potential irregularity, the Court held that this specific relief was not part of the original writ petition's main prayer. Furthermore, the Court stated that interim relief could not be granted for this issue as the main relief had already been achieved. The Court disposed of the writ petition with the observation that it would not preclude the petitioner from filing an appropriate application for inclusion in future web counselling lists. No costs were awarded.

Facts

The petitioner, Akshay College of Medical Lab Technology, sought a writ of Mandamus to direct the 2nd respondent, Dr. N.T.R. University of Health Science, to grant provisional affiliation for its B.Sc. (MLT) Course for the academic year 2020-2021. The 1st respondent had issued an essentiality certificate on February 4, 2021. The petitioner submitted its proposal and paid inspection and affiliation charges, including GST. The university pointed out deficiencies and conducted an inspection. Despite the petitioner's efforts, affiliation was not granted, leading to the college's exclusion from admission notifications. The petitioner filed the writ petition challenging the delay and non-grant of affiliation as illegal and violative of constitutional rights.

Key Issues

1. Whether the action of the 2nd respondent in not granting provisional affiliation to the petitioner's college for the B.Sc. (MLT) Course for the academic year 2020-2021 was illegal and violative of Articles 14 and 19(1)(g) of the Constitution of India. Petitioner's contention: The petitioner argued that the delay and failure to grant affiliation were arbitrary and infringed upon their right to impart education. They relied on the essentiality certificate granted by the 1st respondent and the fulfillment of procedural requirements, including payment of fees. Revenue/State's contention: The learned Standing Counsel for the 2nd respondent fairly submitted that affiliation was granted to the petitioner's college on March 31, 2021. This submission rendered the main relief sought in the writ petition infructuous.