Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Andhra Pradesh Reorganisation Act 1988 2014 APSC of Higher Education Act 1950 - Article 3 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Andhra Pradesh State Council of Higher Education Act, 1988 (16 of 1988) Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Andhra Pradesh Reorganisation Act, 2014: s.75 — Bifurcation of States — APSC was constituted under 5.3 of APSC of Higher Education Act, 1988 to advise the State Government in matters relating to Higher Education in the State — On 2.6.2014, existing State of Andhra Pradesh bifurcated into nvo separate States namely, State of Andhra Pradesh and State of Telangana — In terms of s.75, of the A. P. Reorganisation Act, 2014 APSC was required to continue its functions in respect of both the States, i.e. Andhra Pradesh and Telangana until an agreement was reached between the two Successor States — On 2.8.2014, the Government of Telangana adopted the Act of 1988 and TSC came imu existence to discharge the same functions for the State of Telangana as the APSC for the State of Andhra Pradesh — TSC sent a communication to the Banks stating that TSC is the successor organization to APSC as per the 2014 Act and requested the Bank to freeze the operation of accounts of APSC — Challenge against — Held: When an existing State is bifurcated to form two new States, there must be an equitable bifurcation of the assets and liabilities of the statutory bodies among the two successor States as well, to ensure welfare of the public at large residing within these territories — In the instant case, the State of Telangana has claimed ownership over the entire funds and assets of the (erstwhile) APSC — This could surely not have been the intention of the legislature while enacting the Reorganisation Act, 2014 ~ The action of the Banks of freezing the bank accounts of APSC is wholly untenable ~ Reorganisation of State — Constitution of India, 1950 — Article 3. Interpretation of statutes: Legislation like Reorganisation Act, 2014 — Interpretation of. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2016 INSC 270 |
Petitioner | Andhra Pradesh State Council Of Higher Education |
Respondent | Union Of India & Ors. Etc. |
SCR | [2016] 2 S.C.R. 1008 |
Judgement Date | 2016-03-18 |
Case Number | 3019-3020 |
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