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Andhra Pradesh High Court
Judges : J.ESWARA PRASAD, M.JAGANADHA RAO
Secretary to Government Education Deptt., Government Of A.P. - Appellant
Versus
Society for St.Anns Mehdipatnam, Hyderabad - Respondent
W.A. No. 392/1991
Decided On : 03-25-91
Advocates Appeared :
Mr. Mahmood Ali,Mr. H.S. Gururaja Rao
Held : Para (a) of the Education Policy dt. 6.8.1990 stating that no New College of Education should be permitted to be started for the academic year 90.91 runs contrary to the legislative policy set out in Sec. 20 [3] [a] and also to the fundamental rights of the petitioner. The legislative policy that it is the need. of the locality that i8 relevant cannot be given a go bye under the guise of a general executive policy. The general statement in the revised policy dated 6.8.90 that no New Co. lieges of Education should be started in 1990-91, should be read down consistent with the legislative policy in Sec. 20 (3) [a] and also consistent with the fundamental rights of the Society. The said executive policy must be read down as being subordinate to the legislative policy in Sec. 20 (1) and it is the need of the locality that is important rather than over, all needs of the State as a whole.
It is not open to the High Court to go into the merits of the case lis to the needs in any particular locality. It is for the competent authority to take the decision having regard to the provisions of the Act and the rules and to the other relevant factors. If the authorities while refusing the permission have taken extraneous factors into consideration or have not considered the relevant factors or circumstances placed before them or if they acted in violation of the provisions of the Act and rules, it would be open to the High Court to quash the said order and the Court pas normally to send the matter for fresh decision in the light of its orders. It is not open to the High Court normally to direct permission to be granted.
W.A. Allowed
( 1 ) THIS writ appeal is filed against the judgment of the learned single Judge in Writ Petition No. 1000 of 1990 dated 22-2-1991. The said order was modified by further order dated 11-3-1991. The appellants before us are the Secretary to Government, Education Department, Government of Andhra Pradesh, Hyderabad and the Director of School Education, Hyderabad. The 1st respondent is the writ petitioner viz. , the Society for St. Ann s. Mchdipatnam. Hyderabad and the second respondent is the Registrar of Osrnania University. The writ petition was filed by the 1st respondent society for the issue of a writ of mandamus declaring the action of the respondents (the Secretary to Government, Education Department, Government of Andhra Pradesh, Hyderabad and the Director of School Education, Government of Andhra Pradesh) in not granting permission to star! the College of Education to the petitioner Society as being illegal, and arbitrary and for a consequential direction to grant permission to the society for starting the College of Education at Mehdipatnam, Hyderabad, during the academic year 1991-92. By virtue of the supplementary order dated 11-3-1991 above referred to, the writ petitioner was permitted to amend the academic year as 1991 rather than 1991-92.
( 2 ) IN the ensuing discussion we will refer to the parties as arrayed in the writ petition. The writ petitioner-Society is 125 years old and has been running several educational institutions all over the State of Andhra Pradesh and one school in Madras city. The total number of schools run by it are fifty. The media in the schools are Telugu and English. In Hyderabad city, the Society has a Girl s High School at Vijayanagar colony having a strength of more than 3,000 students and about 100 teachers. At B. H. E. L. there are more than 4,500 students in the institution called Jyothi Vidyalaya and there are 150 staff members. The ether schools are located in rural areas and in District Headquarters. The petitioner-Society needs a large number of teachers for being employed in its own institutions and it also intends to produce more B. Ed. students who can seek employment elsewhere. The St. Ann s Women s College has courses at Intermediate and Degree level. The College has a strength of about 3000 students and further every year more than 500 students take their Degrees in Science, Arts and Commerce. This Institution is nine years old, and it has several other research oriented courses. It is stated that every year a number of students secured highest ranks in each examination. The college is said to have a modern building having carpet area of two lakhs square feet. It is stated that they have well equipped laboratory, library, computer centre and adequate furniture, besides other facilities like indoor games, outdoor games, Auditorium and a large canteen. The petitioner also states that it has got an independent building constructed for housing a B. Ed. College and the total plinth area thereof is 45,000 square feet. It is stated that the petitioner-Society purchased a large number of books and Labequipment for the new B. Ed. College. The list of books, furniture and equipment is available. The society lays more stress on Women s education and wants to produce a larger number of Women B. Eds. It is stated that the society has more than Rs. 10 lakhs reserved fund. It is states that the residents of Mehdipatnam and adjoining localities have requested the Society to start the College of Education.
( 3 ) THE writ petitioner society has submitted an application on 18-7-1988 to the Competent authority for permission to start College of Education. The Director of School Education conducted inspection and a team from Osmania University also conducted inspection. It is stated that the feasibility reports are in favour of the writ petitioner society for opening the B. Ed. College. Inasmuch as the matter was kept pending for a long time, the Society initially filed Writ P
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