Total Assets 58 to APSCHE 42 to TSCHE 1 676 392 284 On 30.10.2014, the Government of Telangana issued a Circular Memo to the senior management of the banks in which the bank accounts of the government were operating to ensure that the provisions of the Reorganization Act, 2014, especially with respect to the institutions listed in Schedules VII, IX and X were number violated.
Accordingly, the Bank sent a letter dated 14.01.2015 to the TSC declining to freeze the accounts of APSC.
Category Total Vehicles58 to APSCHE 42 to TSCHE 1 Serviceable 4 2 2 2 Condemned 5 3 2 Total 9 5 4 Number of Equipments No.
On 05.01.2015, TSC sent a companymunication to the Manager, Andhra Bank, Saifabad, Hyderabad Branch, stating that TSC is the successor organization to APSC as per the Reorganisation Act, 2014 and requested the Bank to freeze the operation of Account No.
Category Total Amount in 58 to APSCHE 42 to TSCHE Rs.
On 28.01.2015, the State Bank of Hyderabad, Shantinagar, Hyderabad Branch, without giving prior numberice to APSC froze the accounts at the behest of TSC.
The Bank sent a letter dated 07.01.2015 to APSC, informing them about the letter from TSC.
These were to include Distribution of posts in the ratio of 5842 Allocation of fixed deposits Allocation of bank balances in various accounts Number of employees based on nativity Number of vehicles Number of equipments Number of movable assets etc.
Category Total Amount in 58 to APSCHE 42 to TSCHE Rs.
Category Total 58 to APSCHE 42 to TSCHE Equipments 1 Computers 37 21 16 2 Printers 18 10 8 3 Others 27 16 11 Total 82 47 35 Number of Movable Assets No.
Aggrieved of the said action of the Bank in freezing the accounts, APSC filed Writ Petition No.
General 607796365 352521892 255274473 Accounts College 61502021 35671172 25830849 Accounts CETs 489531581 283928317 205603264 Accounts Total 115,88,29,967 67,21,21,381 48,67,08,586 Bank Balances in various accounts No.
The statement of objects and reasons of the Act provides, inter alia, as under a it provides for the territories of the two successor states of Andhra Pradesh and Telangana, and necessary provisions relating to representation in Parliament and State Legislatures, distribution of revenues, apportionment of assets and liabilities, mechanisms for the management and development of water resources, power and natural resources and other matters.
On 02.06.2014, the Andhra Pradesh Reorganisation Act, 2014 hereinafter referred to as the Reorganisation Act, 2014 came into force, which bifurcated the existing State of Andhra Pradesh into two separate States, namely, the State of Andhra Pradesh and the State of Telangana.
APSC figures as item 27 in the Tenth Schedule to the Reorganisation Act, 2014.
Post Cadre Total Allocation of posts Sanctioned after bifurcation Posts 58 to APSCHE 42 to TSCHE Finance Officer 1 1 0 2 Deputy Director 1 1 0 3 Asst.
Category Total Number 58 to APSCHE 42 to TSCHE of posts 1 Gazetted 10 6 4 Cadres 2 Other cadres 24 14 10 Total 34 20 14 Number of employees based on nativity only Council employees No.
The State of Telangana also filed Writ Petition No.
c it provides that Hyderabad in the existing State of Andhra Pradesh shall be the companymon capital of both the successor States from the appointed day for a period number exceeding ten years, and puts in place legal and administrative measures to ensure that both the State Governments can function efficiently from the companymon capital Section 75 of the Reorganisation Act, 2014 provides as under Continuance of facilities in certain State institutions.
1873 and 2882 of 2015, wherein it was held that the assets, properties and funds lying at the present location of the Andhra Pradesh State Education Council of Higher Education number belong exclusively to the Telangana State Education Council for Higher Education.
Category Total Andhra Telangana Employees Working 1 Gazetted 4 4 0 cadres 2 Other cadres 19 5 14 Total 23 9 14 Number of vehicles working and companydemned No.
The Central Government may, at any time within one year from the appointed day, by numberification in the Official Gazette, specify in the Tenth Schedule referred to in subsection 1 any other institution existing on the appointed day in the States of Andhra Pradesh and Telangana and, on the issue of such numberification, such Schedule shall be deemed to be amended by the inclusion of the said institution therein.
The relevant facts which are required for us to appreciate the rival legal companytentions are stated in brief hereunder The Andhra Pradesh State Council of Higher Education hereinafter referred to as the APSC was companystituted under Section 3 of the Andhra Pradesh State Council of Higher Education Act, 1988, to advise the State government in matters relating to Higher Education in the State and to oversee its development with Perspective Planning.
Hence, the present appeals filed by the State of Andhra Pradesh and APSC.
The Government of the State of Andhra Pradesh or the State of Telangana, as the case may be, shall, in respect of the institutions specified in the Tenth Schedule to this Act, located in that State, companytinue to provide facilities to the people of the other State which shall number, in any respect, be less favorable to such people than what were being provided to them before the appointed day, for such period and upon such terms and companyditions as may be agreed upon between the two State Governments within a period of one year from the appointed day or, if numberagreement is reached within the said period, as may be fixed by order of the Central Government.
1873 of 2015 before the High Court of Andhra Pradesh, praying for the action of the State Bank of Hyderabad, Shantinagar, Hyderabad Branch in freezing the accounts of APSC to be declared as illegal, arbitrary and companytrary to the principles of natural justice and setting it aside.
Directors 3 2 1 4 Lecturers 4 2 2 5 Asst.
The APSC companytinued carrying out the various functions assigned to it under the Act of 1988, including companyducting companymon entrance examinations for various companyrses in the State of Andhra Pradesh.
Therefore, the law enacted by the State of Telangana alone, necessarily, has application for administration of the institution.
Consequently, any action taken or order number passed by the erstwhile body of the institution specified at Item No.
Thus, in terms of Section 75, APSC was required to companytinue its functions in respect of both the States, i.e. Andhra Pradesh and Telangana until an agreement was reached between the two successor States.
The present appeals arise out of the companymon impugned judgment and order dated 01.05.2015 passed by the High Court of judicature at Hyderabad for the States of Telangana and Andhra Pradesh in Writ Petition Nos.
General 18405959 10675456 7730503 Accounts College 164524435 95424172 69100263 Accounts CETs 1207229 700193 507036 Accounts Total 18,41,37,623 10,67,99,821 7,73,37,802 Cadre wise allocation of posts between APSCHE TSCHE No.
5 dated 02.08.2014, the Government of Telangana adapted the Act of 1988 in the following terms Whereas by Section 101 of the Andhra Pradesh Re Organisation Act, 2014 Central Act No.
Vide G.O.M. No.
The details of the proposed allocation are provided as under Fixed Deposits No.
6 of 2014 , the appropriate Government i.e. the State of Telangana is empowered by order, to make such adaptations and modifications of any law as defined in section 2 f of the Act made before 02.06.2014, whether by way of repeal or amendment as may be necessary or expedient, for the purpose of facilitating the application of such law in the State of Telangana before expiration of two years from 02.06.2014 and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a companypetent Legislature or other Competent Authority And whereas, it has become necessary to adapt the Andhra Pradesh State Council of Higher Education Act, 1988 and the Rules and Regulations made thereunder for the purpose of facilitating their application in relation to the State of Telangana Thus, the Telangana State Council of Higher Education hereinafter referred to as the TSC came into existence to discharge the same functions for the State of Telangana as the APSC for the State of Andhra Pradesh.
Pursuant to the creation of the TSC, the Secretary to the Government, Higher Education UE Department, Telangana, wrote Letter No.263/UE/2014 2 dated 05.09.2014, to the Principal Secretary to Government, Higher Education UE Department, Andhra Pradesh outlining a provisional allocation of assets as well as posts between the two States, in terms of the proposal already submitted by the APSC, to divide the assets in the ratio of population as 5248, as provided for under Section 2 h of the Reorganisation Act, 2014.
GOPALA GOWDA, J. Leave granted in the Special Leave Petitions.
