What Supreme Court has not Put in Abeyance on Andhra Pradesh High Court Order on APSC


It’s essential to read Andhra Pradesh State Council of Education to the Honorable High Court vide W.P.No. 1873 of 2015 and by State of Telangana W.P,No 2882 of 2015

Triggered first by Andhra Pradesh Govt not allowing Telangana State council of Education (TSC) to operate or access the Bank account and unilaterally transfer large amount funds to Bank account in Vijayawada.

Upon Telangana Government establishing TSC and adopting the APSC legally as TSC within its jurisdiction it has instructed Banks to take honor instructions from TSC and not do any trnasactions without TSC consent.

This lead to APSC under illegal control of Govt of Andhra Pradesh has filed writ petition 1873 and Telangana filed must later its petition on 2882

Since subject is Same Honorable High Court made combined judgement that summarily dismissed following claims by Andhra Pradesh under its Order Date 1st May 2015

1. AP essentially suggested APSC will continue to exist without any change as joint body for 10 years and implying within by the virtue of its name will continue to be in its control (it almost said without putting these words explicitly)

3 7 . We are unable to accept the contention of the learned A.G. for the State of
Andhra Pradesh that since Hyderabad is a common capital for the State of Andhra
Pradesh, this Council which was in existence prior to the appointed day would
continue to remain and would stand allocated to the State of Andhra Pradesh as its
property.

– Is this Kept in abeyance by Honorable Supreme Court ? dear Andhra Media ?

2. AP has made it a fight between two states and tried to invoke Article 131 of constitution and tried to get Telangana petition dismissed by Common High Court, however Honorable court sided with AG of Telangana State and concluded

27. Hence, we do not think that these two writ petitions are in the real sense a fight
between two independent States as contemplated under Article 131 of the
Constitution of India.

– Is this Kept in abeyance by Honorable Supreme Court ? dear Andhra Media ?

3 7 . We are unable to accept the contention of the learned A.G. for the State of
Andhra Pradesh that since Hyderabad is a common capital for the State of Andhra
Pradesh, this Council which was in existence prior to the appointed day would
continue to remain and would stand allocated to the State of Andhra Pradesh as its
property.

– Is this Kept in abeyance by Honorable Supreme Court ? dear Andhra Media ?

41. Under such circumstances, the assets and properties and funds whatever lying
at the present location of the APSC belong to TSC

42. We cannot accept the contention of the learned A.G. for the State of Andhra
Pradesh that by a Government Order a statute cannot be amended in view of the
specific provision of Section101 of Act, 2014

43. When the Legislature has delegated this power to the Government under the
Statute itself, it is deemed to be an Act of the Legislature. Therefore, this contention
has no force at all and this provision, if read along with Section 100 of Act, 2014, as
the power of adaptation with amendments has been expressly provided in the
aforesaid provision of law.

45. We therefore declare that all the bankers of the erstwhile APSC will recognize
and allow the present TSC to operate the Bank accounts.

– Are these Kept in abeyance by Honorable Supreme Court ? dear Andhra Media ?

44. In view of the aforesaid discussion, we are constrained to hold that the claim
made by the APSC is not sustainable under law. Of course, if there had been any
branch of this APSC within the territory of the present State of Andhra Pradesh, it
might have continued to function as a fractured and divided body. As there is none, it
would be open for the State of Andhra Pradesh to negotiate with the State of
Telangana as per provisions of Section 75 of Act, 2014, as above for its services.

Yes this one is kept in abeyance and this was not the petition of Telangana, Honorable High court in its wisdom has raised technical problem that Center overlooked ie APSC had no Branch or any asset inside Andhra Pradesh this is for Center to have addressed it and also has given the clue to negotiate with State of Telangana instead Andhra continues its Tika Maka Kirikiri and its media continues to Bluff and Betray its citizen with distorted information and unworthy expectations extended.

All that Supreme Court did is

1. Put in abeyance the non existence of APSC that poses legal issues for the day to day operations – rightly so

2. Explicitly tells APSC to Conduct itself within Andhra Pradesh Only

SC Order on APSC and TSC

Neither of these points were ever contended by Telangana State and has no relevence for the State of Telangana.

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