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Govt. free to proceed against Bharat Chandra: HC

By Our Legal Correspondent

HYDERABAD JULY 4. A Division Bench of the High Court on Friday made it clear that the Government is at liberty to proceed against the Home Secretary, Bharat Chandra.

The Bench comprising Chief Justice Devinder Gupta and Justice A. Gopala Reddy was disposing of the writ appeal filed challenging the judgment of single judge. It may be recalled that a writ petition was filed complaining that the senior officer had taken away case diary and general diary from the Ramgopalpet police station and whisked away an accused who was called to police station by police. The writ petition was allowed directing the State Government to take action against the Home Secretary. The officer was severely reprimanded.

The present writ challenging the single judge's judgment. The Bench said that if the Government comes to the conclusion that the Home Secretary had violated the rule it was at liberty to initiate action against him.

Societies' plea dismissed

A Division Bench dismissed several writ petitions filed by various societies who challenged the decision of the State Government and the All India Council for Technical Education (AICTE) not to process any application to set up engineering colleges for the academic year 2003-2004.

The Bench compromising Mr. Justice Devinder Gupta and Mr. Justice A. Gopala Reddy rejected the contentions of the petitioners that the clause that No Objection Certificate (NOC) from State Government was a must before the applications can be processed by the AICTE is illegal. Various societies have made applications to start engineering colleges in the State from 2003-2004 pursuant to an advertisement by the AICTE. After these applications were submitted the State Government had taken a stand that no new colleges are needed for this year. The applications of the new applicants were not processed. These societies filed writ petitions. They contended that the AICTE could not change the rule after inviting applications. They further argued that the NOC from the State Government could not be insisted. The Bench said that these people have no vested right to set up colleges. The Bench made it clear that the NOC issued for some institutions for year 2002-2003 continues to be valid and these applications are to be processed.

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