( 1 ) IN the year 1982 the Andhra pradesh Legislature enacted the Andhra pradesh Education Act, with a view to reform, organize and develop the educational system in the State and to provide for incidental matters. Among other things, it provides for establishment of private educational institutions, and for their reeognition. Section 18 empowers the Government to permit "any local authority or a private body of persons to estabtish educational institutions and maintain them according to such specifications as may be prescribed. ," for the purpose of providing adequate facilities for imparting, of general, technical or special education as also teaching education in the State.

( 2 ) SUB-SECTION (1) of Section 20 declares that no private institution shall, after the commencement of this Act, ba established except in accordance with the provisions of this Act, or the rules made there under". Sub-Section (2) provides that any local authority or person or registered body of persons intending to establish an educational institution "may make an application, within such period. In such manner and to such authority, as may be prescribed, for that grant of permission there for. Sub-Sec- tion (3) specifies the matters which the authority granting permission shall have due regard to, while granting permission under sub-section (2 ). It would be appropriate to set out sub-section (3) in full. It reads thus :-" (3) While granting permission under sub section (2) the authority concerned shall have due regard to the following matters, namely : - (a) that there is need for providing educational facilities to the people in the locality ; (b) that there is adequate financial provision for continued and efficient maintenance of the institution as prescribed by the competent authoritv ; (c) that the institution is pro- posed to be located in sanitary and healthy surroundings ; (d) that the site for building, playground and garden proposed to be provided and the building jn which the institution is proposed to be housed, conform to the rules prescribed therefor ; (e) that the teaching staff qualified according to rules made by the government in this behalf is appointed ; (f) that the application satisfies the requirements laid down by this Act and the rules and orders made there under". It has been held by this Court that while the existence of the need mentioned in clause (a) of sub-section (3) is a pre- condition, the matters provided in clauses (b) to (a) are not and that it is open to the authority to grant permission for establishment of an educational institution subject to fulfilment of the said conditions within the time specified by the Rutes or, in the absence of Rules, by the authority.

( 3 ) SECTION 21 proyides for grant, and withdlawal or recognition of educational institutions. It says that the competent authority may recognise an institution, permitted to be established under Section 20, subject to such conditions as may be prescribed in regard to accommpdation, equipment, appointment of teaching staff syllabi, text books and other matters relating there to . (Competent authoritv" is defined in clause (12) of Section 2 as meaning any person, officer or authority authorised by the Government by notification to perform the functions of the competent authority under the said Act for such area or for such purposes as may be specified m the notification) (emphasis supplied throughout ).

( 4 ) SUB-SECTION (2) of Section 21 provides the grounds upon which the competent authority may withdraw the recognition or take such other action as is deemed necessary. Sub Section (3) confers an overriding power on the government to withdraw the recognition, if it is found to be necessary in public interest. Both under-Sub-section (2) and sub-section (3) an opportunity has to be a f f o r d e d to the institution concerned to show cause against the proposed action, before taking such action. Sub-Section (4) declares that, an un-reco