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2003 DIGILAW 1011 (AP)

All India Council for Technical Education v. Kamareddy College Education Society

2003-08-08

A.GOPAL REDDY, DEVENDER GUPTA

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DEVINDER GUPTA, C. J. ( 1 ) BY a common judgment dated 4th July, 2003 we have disposed of a batch of writ petitioner viz. , W. P. No. 23987 of 2002 and batch. ( 2 ) THE above judgment passed by us is sought to be reviewed by the petitioners in the present review applications. Review of the judgment is sought insofar as the five writ petition viz. , W. P. Nos. 1401,1798,1799,4630 and 4683 of 2003 are concerned which were disposed of along with the batch of writ petitions. ( 3 ) LEARNED counsel for the petitioners in the review applications states that while passing the common judgment in the above batch of writ petitions, the facts relating to w. P. No. 24668 of 2002 alone were taken into consideration by the Court which led the court in passing an order giving benefit of the judgment to the petitioners in the above 5 writ petitions also. According to the learned counsel, these 5 writ petitions ought to have been dismissed. ( 4 ) THE learned counsel for the review petitioners submits that insofar as the present 5 writ petitions are concerned, there was no valid NOC in favour of the petitioners in these writ petitions for the academic year 2002-2003 and the government s letter dated 9-11-2002 does not cover the cases of the petitioners in the said writ petitions. It is pointed out that the facts of W. P. 24668 of 2002 were not similar to the facts of the aforesaid 5 writ petitions wherein review is sought. ( 5 ) BY letter dated 9th November, 2002, the State Government had pointed out that nocs had been issued by the State government for establishment of new colleges by the societies for the academic year 2002-03 and approval of the Council for these Colleges has not been received so far. It is further pointed out that the government had also issued NOCs to 11 societies for establishment of new engineering Colleges for the academic year 2003-04, making it clear that in all, 22 new engineering Colleges are established in the state for the academic year 2003-04. It is further pointed out that the government had also issued NOCs to 11 societies for establishment of new engineering Colleges for the academic year 2003-04, making it clear that in all, 22 new engineering Colleges are established in the state for the academic year 2003-04. The name of the petitioner-society in w. P. No. 24668 of 2002 was also included in the list of those 22 new Engineering Colleges but of the Societies which were subject matter of the above 5 writ petitions wherein review is sought and due to this erroneous impression, which we get from a list supplied to us separately, we held that the same benefit as available to the petitioner- society in W. P. No. 24668 of 2002 also deserves to be extended to the 5 petitioners covered by the 5 writ petitions. The message conveyed by the State Government through letter dated 9th November, 2002 was, therefore, taken by us as amounting to issuance of NOCs with respect to the societies mentioned therein. The petitioner- society in W. P. No. 24668 of 2002 was one of the societies named in the letter whereas the societies covered by the above five writ petition in which review has been sought, were not named therein. Therefore, inclusion of W. P. Nos. 1401,1798,1799,4630 and 4683 of 2003 in the list of writ petitions which were allowed deserves to be deleted and in view of the decision rendered by us, these writ petitions are liable to be dismissed. ( 6 ) CONSEQUENTLY review applications are allowed. The order dated 4th July, 2003 passed by us is reviewed to the extent that relief granted therein shall stand modified holding that the said writ petitions viz. , w. P. Nosl401,1798,1799,4630 and 4683 of 2003 stand dismissed.