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Supreme Court of India 2016-03-18 allowed

Andhra Pradesh State Council of Higher Education vs Union of India & Ors. Etc

Bench: 2 — V. Gopala Gowda

In Brief

The Andhra Pradesh State Council of Higher Education (APSC) challenged the High Court's order allowing the Telangana State Council of Higher Education (TSC) to operate APSC's bank accounts and freezing APSC's accounts. The Supreme Court held that Section 75 of the Andhra Pradesh Reorganisation Act, 2014 addresses only continuance of facilities, not asset ownership. Assets of APSC existing before bifurcation must be apportioned between the two states in a 58:42 population ratio under Part VI of the Act. The Court rejected TSC's claim to exclusive ownership based on Hyderabad's location in Telangana and allowed APSC to operate accounts for funds collected post-bifurcation from Andhra Pradesh's thirteen districts. The Court set aside the bank freezing orders as unlawful.

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Constitutional Law Federalism State Reorganisation Asset Apportionment Statutory Interpretation Administrative Law Banking Law

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