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2002 Supreme(AP) 137

Andhra Pradesh High Court
Judges : A.R.LAKSHAMANAN, Y.V.NARAYANA
Teja Educational Society - Appellant
Versus
A.P.State Council of Higher Education, Hyderabad - Respondent
Decided On : 02-04-02

Headnote:

Higher Education Act, 1986 - Section 11 – Admission – College\institution - Arbitrary and illegal - First respondent issued directions keeping proceedings in-abeyance - Inspire of fact that proceedings were kept in abeyance third respondent invited applications and admitted students in new College - Aggrieved by said action appellant filed seeking a direction to prevent third respondent to run College - Single Judge, clubbed both Writ Petitions together and by a common judgment dated dismissed both writ petitions - Challenging same present writ Appeal is filed – Held, In fact as could be seen from Inspection Reports and other records that there is a big gap between needs of students and present facilities which gap has to be filled up by granting permission to another Degree College and accordingly permission has been granted to third respondent to start a new Degree College which cannot be found fault with - Single Judge has considered all aspects of matter and also gave categorical findings by impugned judgment that authorities have objectively assessed need and permitted third respondent to start a Degree College which in his opinion cannot be termed as arbitrary and illegal – Appeal dismissed

AR. LAKSHMANAN, C. J.

( 1 ) HEARD Mr. N. Sridhar Reddy, learned Counsel for the Writ petitioner -Appellant, the learned Additional Advocate-General for the 1st respondent, Mr. Narayana Reddy, learned Standing Counsel for the Kakatiya University-2nd respondent and Mr. Satyam Reddy, learned Counsel for the respondent No. 3.

( 2 ) PETITIONER in the writ petition is the appellant herein. It is an Educational Society running a Degree College in Madhira, Khammam District, affiliated to the Kakatiya University, the second respondent herein. The third respondent herein is another Educational Society running a High School and a Junior College in Madhira. While so, the third respondent applied for permission to the first respondent, the Andhra Pradesh State Council for Higher Education, A. P. , Hyderabad to start a new Degree College in Madhira to run B. Sc. , and B. Com. (Computer) Courses. Resisting grant of permission on various grounds, the appellant filed a representation dated 4. 5. 2001 before the first respondent. As the said representation was not disposed of, he filed a Writ petition being W. P. No. 9464 of 2003 which was disposed of by an order dated 15. 5. 2001 with a direction to the respondents to consider and dispose of the application of the petitioner within a period of six weeks from the date of the judgment. It has filed another writ petition being W. P. No. 11264 of 2001 on the ground that the representation was not disposed of by the respondents as directed by this Court. By order dated 12/06/2001, this Court disposed of the said -Writ petition at the admission stage itself directing the first respondent to consider the representation/ objections of the petitioner dated 4. 5. 2001 before any permission is granted to the third respondent herein. Subsequently, the first respondent passed proceedings dated 6. 7. 2001 granting permission to the third respondent herein to start the new Degree College. Challenging the grant of permission, the appellant herein filed yet another writ petition being W. P. No. 14124 of 2001. This Court by order dated 12. 7. 2001 granted interim suspension of the proceedings dated 6. 7. 2001 passed by the first respondent. In view of the same, by proceedings dated 16. 7. 2001 the first respondent issued directions keeping the proceedings dated 6. 7. 2001 in-abeyance. Inspite of the fact that the proceedings dated 6. 7. 2001 were kept in abeyance, the third respondent invited applications and admitted students in the new College. Aggrieved by the said action, the appellant filed W. P. No. 17930 of 2001 seeking a direction to prevent the third respondent to run the College. The learned single Judge, clubbed both the Writ Petitions 14124 and 17930 of 2001 together and by a common judgment dated 14. 12. 2001 dismissed both the writ petitions. Challenging the same, the present writ Appeal is filed.

( 3 ) MR. Sridhar Reddy, learned Counsel for the appellant contends that the directions issued by this Court on earlier occasions to consider and dispose of the objections raised by the Appellant-Society have not been followed by the respondents at all and no orders were passed disposing of the representation. Our attention was drawn to the order dated 15. 5. 2001 passed by one of us (I. Venkatanarayana, J.) in W. P. No. 9461 of 2001 and the other order dated 12/06/2001 passed by Gopal Reddy, J. , in W. P. No. 11264 of 2001 respectively. Gopal Reddy, J. , while referring to the orders dated 15. 5. 2001 passed by Venkatanarayana, J. , directing the respondents to dispose of the representation dated 4. 5. 2001 filed by the Appellant herein within a period of six weeks, observed that in view of the direction given in W. P. No. 9461 of 2000, the respondents are under obligation to dispose of the objections filed by the Appellant before granting permission to the 3rd respondent to start a new Degree College. The learned Judge, however, did not express any opinion on the merits of the matter. According to the








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