IMPORTANT POINT
The issuance of a Letter of Intent does not grant full-fledged permission to establish a University, and the Government is entitled to ensure compliance with the conditions before permitting the petitioners to proceed with admissions.

JUDGMENT

DHIRAJ SINGH THAKUR, CJ. - The present writ appeal under clause 15 of the Letters Patent has been preferred against the judgment and order, dtd. 1/8/2022 passed in W.P.No.9218 of 2020.

2. Briefly stated the material facts are as under:

2.1 The Andhra Pradesh State legislative assembly, enacted The Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016 (for short "the Act"), with the object of providing high quality, research oriented and industry relevant higher education. Sec. 3 (1) of the said Act, vested the Government with the power to permit the establishment of a University by inclusion of a name and location of a University, the name and address of the sponsoring body and the details of its registration in the Schedule to the Act.

2.2 Sec. 3 (8) of the Act envisages that each such University shall be a body corporate by the name included in the Schedule and shall have perpetual succession and common seal with power, subject to the provisions of this Act, to acquire and hold property, to contract and shall, by the said name, sue or be sued.

2.3 Sec. 6 of the Act envisages that a body desirous of establishment of a private University shall make an application to the Government, containing, among other things, an outline of the purpose and vision of the proposed private University, the proposal and the Project Report in such manner, with such particulars and along with such a fee as may be prescribed.

2.4 Sec. 7 of the Act further envisages the submission of additional information such as the financial resources of the sponsoring body, the name, the location and headquarters of the proposed University, the track record experience and expertise of the sponsoring body in specific disciplines, plan for precommencement activities, including in academic and non-academic areas, the proposed fee structure and the concessions or rebates in fee and scholarships to the core students from economically poor or socially backward families, including Scheduled Caste and Scheduled Tribes, other backward classes and physically challenged students etc., as also proposed approach and initial plan for academic and research excellence, including accreditations to be sought.

2.5 Sec. 8 (1) envisages the constitution of an expert committee by the Government consisting of such persons as may be prescribed, to examine the application received under Sec. 6 and 7. Sec. 8 (2) further envisages that the expert committee shall consider the proposal and project report based on the information given under Sec. 6 and 7 and recommend or otherwise whether the proposal to set up a private University is acceptable and whether the sponsoring body is competent to set up and manage the university.

2.6 Sec. 10 (1) envisages that, after the receipt of recommendations of the expert committee, the Government shall, as far as possible within a period of 30 days, take a decision on accepting, rejecting or seeking modifications in the proposal and project report. While the proviso to Sec. 10 (1) envisages that the Government may consider the additional measures as recommended by the expert committee under Sec. 9.

2.7 Sec. 10 (2) envisages that the Government shall inform the sponsoring body about its decision within 10 days of taking such decision, through a Letter of Intent, a Letter of Regret, or a letter seeking additional clarifications.

2.8 Ss. 10 and 11 of the Act, for facility of reference are reproduced here under:

"10. Letter of Intent - (1) After receipt of the recommendations of the Expert Committee under Sec. 8, the Government shall, as far as possible within a period of 30 days, take a decision on accepting, rejecting, or seeking modifications in the proposal and project report;

Provided that Government may consider the additional measures as recommended by the Expert Committee under Sec. 9;

(2) The Government shall inform the Sponsoring Body about it's decision within 10 days of taking such decision, through a Letter of Inten