IMPORTANT POINT
The establishment of educational institutions must comply with statutory provisions, ensuring local educational needs are assessed to prevent unhealthy competition.

JUDGMENT :

Ninala Jayasurya, J.

The writ appellant-Aditya Junior College / 3rd respondent in W.P.No.1379 of 2023, aggrieved by the Orders dated 28.06.2023 passed by the learned Single Judge in allowing the said writ petition, filed Writ Appeal No.537 of 2024. Against the orders dated 10.05.2024 dismissing the Review Petition, the said College filed Writ Appeal No.536 of 2024.

2. Challenging the proceedings of disaffiliation of the College, dated 29.05.2024 as a consequence of the orders under challenge in the Writ Appeals, it filed W.P.No.12220 of 2024.

3. For the sake of convenience, the parties are referred to as arrayed in W.P.No.1379 of 2023.

Brief facts:

4. The writ petitioners are junior colleges located in Cheepurupalli of Vizianagaram District and imparting education to the intermediate students. Initially, they filed W.P.No.18717 of 2022 aggrieved by the purported action of the Secretary, Board of Intermediate Education / 2nd respondent to grant permission to one “Sri Aditya Junior College” established by “Sri Sai Sahasra Educational Society” to shift the said college from Garividi Village, Vizianagaram District to Cheepurupalli Village, without following due procedure of Law. A learned Single Judge vide orders dated 04.07.2022, granted an interim direction to the 2nd respondent not to grant permission to the said “Sri Aditya Junior College” for shifting from Garividi Village & Mandal to Cheepurupalli Village & Mandal.

5. Subsequently, another Educational Society i.e., “B.S. Educational Society” which was registered on 01.08.2022, made a representation to the then Hon’ble Member of Parliament (Lok Sabha), Vizianagaram Constituency on 13.08.2022 stating that it is interested in establishing a new junior college in Cheepurupalli under the said Society and sought permission for the same. The Hon’ble Member of Parliament on the same day i.e. 13.08.2022 addressed a letter to the Hon’ble Minister for Education, Government of Andhra Pradesh with a request to issue necessary permission positively. Thereafter the Board of Intermediate Education vide Communication dated 27.08.2022 called for a Comprehensive Inspection Committee (CIC) detailed report and viability report for sanction of new private unaided General Junior College at Cheepurupalli Village, Vizianagaram District from the academic year 2022-23.

6. While so, the petitioners aggrieved by the purported action of the 2nd respondent in taking steps to grant permission to establish a new Junior College at Cheepurupalli by the said “B.S. Educational Society”, filed W.P.No.35328 of 2022 and a learned Judge of this Court, by an Order dated 01.11.2022 directed the production of records. Thereafter, on submission of reports, the 1st respondent-Government vide Memo dated 16.11.2022 rejected the request of the “B.S. Educational Society” on the premise that there is no viability for establishment of a new private un-aided junior college at Cheepurupalli and three writ petitions filed against the request of the management are pending before the High Court.

7. However, the Government issued G.O.Rt.No.1 dated 02.01.2023, according permission to the “B.S. Educational Society” for establishment of a new private un-aided junior college in the name of “Aditya Junior College”, from the academic year 2022-2023.

8. The petitioners vide W.P.No.1379 of 2023, laid a challenge to the said G.O., inter alia contending that without sending record to the Hon’ble High Court as per the directions dated 01.11.2022 in W.P.No.35328 of 2022 and despite the rejection of permission vide Memo dated 16.11.2022, the 1st respondent without verification of records, issued the G.O., for establishment of the junior college from the academic year 2022-23, although the academic year was already completed, that Rule 4 (2) of the A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 (for short ‘the Rules, 1987) was violated.

9. The 2nd respondent