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Andhra Pradesh High Court
Judges : A.LAKSHMANA RAO, P.L.N.SHARMA, P.VENKATRAMA REDDY
Society of Anns, Mehdipatnam, Hyderabad Rayalaseema Navodaya Minorities Christian Educational Society, Cuddapah, Babuchandra Paul - Appellant
Versus
Secretary to Government, Education Department, Hyderabad - Respondent
Decided On : 07-13-93
The Andhra Pradesh Education Act, 1982 (hereinafter referred to as the Act) regulates the establishment and administration of educational institutions in the State. Section 20 of the Act, as amended by the Andhra Pradesh Education (Amendment) Act 27 of 1987, provides that no educational institution shall be established except in accordance with the provisions of the Act. The State Government is authorized to appoint a competent authority for any area in the State, such authority shall identify the educational needs of the locality under its jurisdiction by conducting a survey and issue a notification calling for applications from the educational agencies desirous of establishing educational institutions. Any educational agency intending to establish an educational institution may make an application for the grant of permission therefor to such authority as may be notified by the State Government.
Fact of the Case:
In the instant case, two writ petitions and one writ appeal were filed challenging the rejection of applications for permission to establish educational institutions by the State Government. The petitioners and the appellant, all of whom were religious or linguistic minorities, contended that they had a fundamental right under Article 30 of the Constitution of India to establish and administer educational institutions of their choice, and that the provisions of Section 20 of the Act were violative of this right.
Finding of the Court:
The Court held that the petitioners and the appellant did not have an unrestricted right to establish educational institutions of their choice, and that the provisions of Section 20 of the Act were not violative of their fundamental right under Article 30 of the Constitution. The Court further held that the State Government had the power to take a policy decision in the matter of starting new educational institutions, and that such a decision would not be interfered with by the courts unless it was found to be arbitrary, unreasonable, or violative of fundamental rights.
Issues: 1. Whether it is open to an educational agency to apply for permission to establish an educational institution in the absence of a competent authority under Section 20 (1) of the Act notifying in the prescribed manner calling for applications from the educational agencies desirous of establishing educational institutions? 2. Whether the need of the locality under sub-section 3 (a) of Section 20 of the Act read with the rules is referable to the educational needs of the locality mentioned in sub-section (1) of Section 20 of the Act? 3. While considering the application under Section 20 (3) of the Act, the provisions of the Act, as amended in 1987, have to be applied? 4. To what extent judicial review is permissible with regard to the policy decision of the Government?
Ratio Decidendi: 1. Even in the absence of a notification issued by a competent authority under sub-section (1) of Section 20 of the Andhra Pradesh Education Act, 1982 calling for applications from the educational agencies desirous of establishing educational institutions, it is open to any educational agency including a religious or linguistic minority, to make an application to the State Government for the grant of permission for establishing an educational institution. 2. It is for the State Government to decide whether the educational needs of a locality or area or of the entire State shall be taken into account in considering the applications. Even in a case where the educational needs of a locality have been identified by a competent authority under sub-section (1) of Section 20 of the Act, the need for providing educational facilities to the people in the locality contemplated under sub-clause (i) of clause (a) of sub-section (3) of Section 20 of the Act, shall be subject to the policy decision, if any, taken by the State Government in that regard in exercise of its power under Section 18 of the Act. 3. All applications submitted by the educational agencies for the grant of permission for establishing educational institutions and pending on the date the Amending Act No. 27 of 1987 came into force, shall be considered and disposed of in accordance with law in force on the date of consideration of such applications including the policy decision, if any, taken by the State Government in that regard and in force on the date of such consideration. 4. If the State Government takes a policy decision in the exercise of statutory power vested in it under Section 18 as regards the establishment of educational institutions in the State, on the basis of the relevant considerations referred to in the judgment, and such a policy decision is not opposed to either fundamental rights or principles of natural justice and is not found otherwise unreasonable or arbitrary, such a policy decision shall not generally be interfered with by the courts. It will not be possible to lay down precise principles for testing the validity of a policy decision taken by the State Government. It depends upon the facts and circumstances of each case, subject to the general principles referred to by us.
Final Decision: The writ petition and the writ appeal were dismissed.
( 1 ) PURSUANT to an order of reference dated September 26, 1991 passed by a division Bench of this Court wherein the following questions have been referred for consideration by the Full Bench, Writ Petition No. 5640 of 1991 has been posted before us. (1) Whether it is open to an educational agency to apply for permission to establish an institution in the absence of the competent an thority under section 20 (1) of the Act, notifying in the prescribed manner, calling for applications from the educational agencies desirous of establishing educational institutions? (2) Whether the need of the entire State of Andhra Pradesh or the locality in the context of a particular area, has to be taken into consideration in determining the need of the locality under sub-section 3 (a) of Section 20 of the A. P. Education Act, 1982? (3) While considering the application under Section 20 of the Act, the provisions of the Act, as amended in 1987, have to be applied? (4) To what extent judicial review is permissible with regard to the policy decision of the Government?
( 2 ) WRIT Appeal No. 1014 of 1991 was directed by another Division Bench of this Court to be posted along with Writ Petition No. 5640 of 1991 before the Full bench, by an order dated November 13, 1992, which reads as follows:"the learned Advocate General informs us that the question about maintainability of such applications, moved after Amendment Act No. 27 of 1987, was referred to a Full Bench in W. P. No. 5640 of 1991, by order dt. 26-9-1991 It is stated that in the present case also the application for permission to open the school was moved in 1988, i. e. , after the amiendment, and he challenges the maintainability of that application. Hence we direct that this appeal also be placed for hearing along with w. P. No. 5640 of 1991, which was referred to a Full Bench for decision. "
( 3 ) BEFORE we advert to the questions referred to the Full Bench for decision, it would be useful to refer to the relevant facts of both the cases which would enable us to appreciate the points that arise for consideration, in a proper perspective.
( 4 ) WRIT Petition No. 5640 of 1991:- Society of St. Ann s Mehdipatnam, hyderabad is the petitioner. It submitted an application on July 18, 1988 to the respondents seeking permission to start a College of Education for Women at mehdipatnam, Hyderabad, The Society claims to have been running a number of educational institutions, hospitals and homes for the aged all over the State of Andhra Pradesh. All the members of the congregation, it is stated belong to roman Catholic Community and are therefore entitled, in the matter of establishment and administration of educational institutions, to the rights conferred under Article 30 of the Constitution of India. A team deputed by the osmania University and the District Educational Officer conducted inspection in response to the application submitted by the petitioner. As no orders were passed thereon, the petitioner filed writ petition No. 12874 of 1989 on the file of this Court for issuance of appropriate directions to the respondents to grant permission. The writ petition was disposed of on September 19, 1989 with a direction to consider the application of the petitioner and dispose it of within a period of three weeks from the date of receipt of the order. As the application was not disposed of for a long period, the petitioner was forced to file another writ petition No. 1000 of 1991. It was allowed on February 22, 1991 directing the state Government to grant permission to the petitioner to start a College of education for Women. Aggrieved by this order, the State Government preferred writ Appeal No. 392 fo 1991. It was allowed on March 25, 1991 with a direction to the State Government to dispose of the application submitted by the petitioner for the grant of permission under Section 20 of the Andhra Pradesh Education act,1982 (hereinafter referred to as the Act) to establish a Colle
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