( 1 ) THE order passed by the Government in Memo No. 30636/ec-2/98-7 dated 12-1-1999 refusing to accord approval for the establishment of Engineering College is assailed in this writ petition.

( 2 ) THOUGH in the writ petition entire gamut of events were traced leading to the filing of this writ petition, only relevant facts and situations are referred to herein.

( 3 ) THE petitioner is an Educational Society registered under the Societies Registration Act, having number of educational institutions under its control. The 4th respondent-All India Council for Technical Education (hereinafter called the council for brevity) issued notification inviting applications for establishing Engineering Colleges in the Andhra Pradesh. The petitioner submitted the proposal for establishment of an Engineering College at Deshnmkhi (village), Pochampally Revenue Mandal, Bhongiri Revenue Division, Dist. Nalgonda. It is stated that the petitioner complied with all the requirements as per the norms fixed by the Council. The Commissioner for Technical Education of the Government of Andhra Pradesh constituted a Committee to inspect the proposed college on 13-12-1997 and 14-12-1997. But, however, the State Government did not forward the recommendations in respect of the petitioner on the ground that the petitioner did not obtain the sale-deed and that the location was changed belatedly. Therefore, the petitioner filed WPNo. 44329/1998. This Court by an order dated 19-12-1998 directed the respondents No. 1 and 2 to forward the recommendations to the 4th respondent and accordingly the recommendations were communicated to the 4th respondent.

( 4 ) THE 4th respondent on receipt of the application together with the recommendations considered the proposals as per the revised AICTE Regulations. The petitioner was informed by proceedings dated 1-6-1998 that the proposal to establish the Engineering College at Deshmukhi (village), Pochampally Mandal, Bhongir Revenue Division, Nalgonda District was found viable. Therefore, to facilitate the further process of the proposal, the petitioner was directed to furnish necessary documents to the Regional Office. It was also stated that the Expert Committee of the Council shall visit the proposed institution, in case the documents are found to be correct. The Council further directed that before the Expert Committee inspects the premises, certain facilities as mentioned in a to e in the communication shall be kept ready. In case the petitioner was not able to fulfil any of the requirements, it would be open for the Council to forfeit the claim for further consideration. The Expert. Committee of the Southern Region after giving notice inspected both the temporary and permanent locations, where the college is to function. After considering the report of the Expert Committee basing on the consultations of the concerned State Government and the Affiliating Body, the Council accorded approval by letter dated 14-7-1998 to the petitioner Society for establishment of the Engineering college for conducting courses in Computer Science Engineering, Electronics and Communication Engineering, Electrical and Electronics Engineering and Mechanical Engineering with a intake of 40 each in the first three Faculties and 60 in the Mechanical Engineering Course. The said communication was addressed to the Government with a copy to the Institution. It is also stated in the said communication that the institution should shift from its temporary location to the permanent premises within two years.

( 5 ) IT is stated that the State Government is required to grant approval under Section 20 of the AP Education Act. The Government took a policy decision to establish the Engineering Colleges in the uncovered revenue divisions, but the said policy was held to be unsustainable, yet, in the guise of indirectly implementing the said policy, the case of the petitioner was not taken up and in the meanwhile Counselling for admiss