( 1 ) WHETHER the students of a tutorial college are entitled to concessional bus passes? This is the question of considerable importance, which is to be resolved in this writ petition. Be it noted, in the State of Andhra Pradesh all the students studying up to X Class are provided free bus passes to travel in buses of Andhra Pradesh State Road Transport corporation (APSRTC) and students studying in the Government colleges and recognised private Government Colleges are provided with the facility to obtain bus passes at concessional rates, which would enable them to travel in RTC buses at such concessional rates from their residences to concerned colleges.

( 2 ) THE petitioner is a tutorial college governed by A. P. Tutorial Institutions (Registration and Regulation) Rules, 1997 (for short, the Tutorial Institutions Rules. These Rules are promulgated by the governor of Andhra Pradesh vide G. O. Ms. No. 200, dated 6. 8. 1997 in exercise of powers conferred under Section 32 read with Section 99 of A. P. Education Act, 1982 (for short, the Act ). The petitioner college was established by Real Educational Society which is a society registered under a. P. (Telangana Area) Public Societies registration Act, 1350 fasli. The petitioner college approached the officials of apsrtc requesting to issue concessional bus passes to their students. Second respondent requested the Deputy Educational officer, Madhira (DEO) to send remarks to whether the students of the petitioner tutorial college can be treated as on par with students studying in Government recognised institutions. The latter sent a report on 22. 8. 2003 to the effect that the students of registered tutorial school and college are treated as private candidates and that they are attending pubic examinations. Based on those remarks first respondent sent a report to third respondent on 10. 10. 2003 informing that students of petitioner college are not eligible for concessional bus passes. A copy thereof was marked to the Correspondent of the petitioner. Therefore petitioner filed the present writ petition seeking a direction to respondents to issue concessional bus passes to students of petitioner institution.

( 3 ) THIS Court admitted the writ petition on 11. 2. 2004 and by order dated 16. 8. 2004 made in W. P. M. P. No. 3170 of 2004 passed interim orders directing the respondent to issue concessional bus passes to students of petitioner institution without reference to impugned proceedings.

( 4 ) RESPONDENTS 3 and 4, namely, the vice-Chairman and Managing Director of apsrtc and the Depot Manager, apsrtc, Sathupally, Khammam District, have filed W. V. M. P. No. 2602 of 2004 praying this Court to vacate the interim order. At this stage itself, the matter was heard finally with the consent of the learned counsel for the petitioner and the learned counsel for Respondents 3 and 4, as well as learned Assistant Government Pleader for Respondents 1 and 2.

( 5 ) LEARNED Counsel for the petitioner, sri K. Vinay Kumar, submits that the school and college run by petitioner work from 10. 00 a. m. to 4. 30 p. m. , that the institution follows the same syllabus prescribed by the Government of Andhra Pradesh and other educational authorities and that students of petitioner appear in all the public examinations conducted by various government authorities and therefore there cannot be any discrimination. He would also contend that the petitioner has obtained registration under the Tutorial institutions Rules and that petitioner institution is subjected to inspection by second respondent and his subordinates and that there is no justification in denying benefit of bus passes to students of petitioner as the tutorial institution is equivalent to recognised school or college. Per contra, learned Standing Counsel for APSRTC, sri K. Srinivasa Rao, submits that as per the Circular No. 84/2003-OPD (P), dated 29. 10. 2003 issued by APSRTC students of private unaided institutions are not eli