APHC010404962010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-25 [3443]

WRIT APPEAL NO: 214 of 2010

Vinayaka Mission's Research Foundation, ...Appellant

Vs.

A Lakshmi Narayana and Others ...Respondent(s)

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Ms. Nagulla Aishwarya appearing vice S Srinivas Reddy, Advocate(s) for Appellant(s)

Mr. C Sudesh Anand (SC FOR APSCHE), Advocate(s) for Respondent(s)

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE NINALA JAYASURYA

DATE : 23rd July 2024

PER DHIRAJ SINGH THAKUR, CJ (Oral):

The present Writ Appeal filed under Clause 15 of the Letters Patent has been preferred against the judgment and order dated 02.12.2009 by virtue of which the learned Single Judge disposed of W.P.No.12790 of 2009 and batch by way of a common order.

2. The issue before the learned Single Judge was with regard to the validity of the courses imparted by the deemed universities through distance mode. The petitions came to be decided by the learned Single Judge by issuing the following direction:

"(a) only such courses imparted by the deemed universities through distance mode, as are approved under the letter jointly signed by the Secretary U.G.C., Member Secretary, A.I.C.T.E. and Director, D.E.C. or by any independent authority under the relevant enactment conferred with the power to grant approval prospectively, shall be treated as legal and valid; and

(b) ………."

3. It appears that, against the judgment and order impugned, a batch of Writ Appeals came to be preferred before the Telangana High Court which were all dismissed with liberty to the appellants to pursue their independent grievances to validate their degrees in accordance with the findings recorded in para (a) of the directions given by the learned Single Judge.

4. The statement made before the Division Bench was based upon a clarification issued by the Indira Gandhi National Open University vide their communication dated 04.09.2008 stating therein that the Member Secretary, A.I.C.T.E.; the Director, D.E.C.; and the Secretary, U.G.C., had jointly signed and approved the courses offered by Vinayaka Mission's Research Foundation and that the degrees awarded were to be held as valid. It is in those circumstances that the Division Bench while dismissing the appeals, permitted the appellants to independently file Writ Petitions based upon the communication dated 04.09.2008.

5. Today, no arguments were advanced by learned counsel for the appellant in the present case and what was stated was that the present Writ Appeal be also disposed of in terms of the said order.

6. Be that as it may, we do not find any merit in the present Writ Appeal which is, accordingly, dismissed with liberty to the appellant to work out the remedies in accordance with law. No costs.

Consequently, connected miscellaneous applications, if any, shall stand closed.

DHIRAJ SINGH THAKUR, CJ

NINALA JAYASURYA, J

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HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA

WRIT APPEAL No.214 of 2010

(per Dhiraj Singh Thakur, CJ)

Dt: 23.07.2024

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