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Andhra Pradesh High Court
Judges : K.MADHAVA REDDY, SARDAR ALI KHAN
Andhra Kesari Educational Society, - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 11-22-83
ANDHRA PRADESH EDUCATION ACT, 1982 - SECTION 20 - PERMISSION TO ESTABLISH EDUCATIONAL INSTITUTIONS - FACTORS TO BE CONSIDERED - UNEMPLOYED TRAINED GRADUATES - NOT A GROUND TO REFUSE PERMISSION - NEED FOR EDUCATIONAL FACILITIES IN THE LOCALITY - TO BE CONSIDERED.
Fact of the Case:
The petitioner-society sought a writ of mandamus against the Government of Andhra Pradesh and the District Educational Officer, Ongole, to grant permission to run a College of Education and a Teachers Training Institute at Ongole. The Government rejected the application on the ground that there were already 13,066 unemployed trained graduates in the State.
Finding of the Court:
The Court held that the Government's decision to not grant permission to start any more private B.Ed. colleges was not justified. The Court found that the Government had not taken into account the need for providing educational facilities to the people in the locality, as required by Section 20(3)(a) of the Andhra Pradesh Education Act, 1982. The Court also held that the Government could not refuse permission on the ground that there were already unemployed trained graduates, as this was not a factor specified in Section 20.
Issues: 1. Whether the Government's decision to not grant permission to start any more private B.Ed. colleges was justified. 2. Whether the Government could refuse permission on the ground that there were already unemployed trained graduates.
Ratio Decidendi: 1. The Court held that the Government's decision was not justified because it had not taken into account the need for providing educational facilities to the people in the locality, as required by Section 20(3)(a) of the Andhra Pradesh Education Act, 1982. 2. The Court held that the Government could not refuse permission on the ground that there were already unemployed trained graduates, as this was not a factor specified in Section 20.
Final Decision: The Court quashed the Government's order refusing permission and directed the authority to consider the application made by the petitioner-society for grant of permission to start and run the Teachers Training Institute and establish a College of Education.
( 1 ) ANDHARA Kesari Education Society, Ongole Prakasam District, a Society registered, under the Societies Registration Act, seeks a writ of mandamus against the Government of Andhra Pradesh, the 1st respondent herein, and the District Educational Officer, Ongole, Prakasam District, the 2nd respondent herein to grant permission to run the college of Education and the Teachers Training Institute at Ongole and to pass any other appropriate orders.
( 2 ) THE Society was registered with the primary object of establishing and running a College of Education for graduates and the Teachers Training Institute for non graduates. The Society made an application on 27-7-1982 for grant of permission to establish and run a B. Ed. College at Ongole with a view to help the Scheduled Castes, Scheduled Tribes, backward classes and economically backward classes of the society and secured a suitable and spacious building and provided it with furniture, library, laboratories, playground and other facilities required to run the College of Education and the Teachers Training Institute efficiently. The Society was also ready to undertake any financial burden and raise necessary further funds for the maintenance of the college. The Society proposed to run the college strictly within the parameters of Andhrapradesh Education Code and the rules framed by the Government and conform by the Andhra University within the jurisdiction of which, the society intended to establish the college. The petitioner-Society also wrote a letter to the Andhra University on 28-8-1982 requesting it to send a team to inspect the facilities provided by the society for establishing the College of Educational and to recommend for its affiliation. The application for grant of permission to start the college of Education was forwarded to the Secretary to Government, Education Department Government of Andhra Pradesh, Hyderabad; but the society was not informed as to the action taken by the Government. The Society made further requests through similar applications submitted to the Chief Minister and the Education Minister on 27-8-1982 and 20-10-1982 respectively. As there was no response even to these applications, the Society filed writ petition 7987/82 that writ petition was allowed by this court on 12-11-1982 and a direction was issued to he respondents to consider the application of the petitioner-society within four weeks from the date of the order. Though the said period of four weeks expired, no action was taken. In the meanwhile, the petitioner-society called for applications for appointment of the principal and lecturers, so that the college could start functioning in time. While so, the district educational Office, Ongole (2nd respondent) addressed a letter to the Superintendent of Police, Ongole (3rd respondent) on 7-12-1982 informing that, while the orders of the Government were awaited, the petitioner-society was proceeding to appoint Principal and lecturers and was receiving donations form the candidates seeking admission to B. Ed. , and ITI coursed and requested the superintendent of Police to see that the admissions are stopped. A copy of that letter was forwarded to the Secretary and correspondent of the petitioner-Society. The society denied that it had appealed for or collected any donations form the candidates and also asserted that the Revenue Divisional Officer and Sub Divisional Magistrate, Ongole had no jurisdiction to direct the Secretary and correspondent to the petitioner-society to appear before him and that the Superintendent of Police has no manner or right to prevent the petitioner-society from proceeding with the admissions. The petitioner-society claims that it has a right to establish the college and that, by withholding the grant of permission, the respondents cannot deprive it of its fundamental right to establish a college or prevent it from proceeding with the appointment of Principal and the Lecturers and admission of the st
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