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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Venkateswara Educational Society – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
NYAPATHY VIJAY, J.
The present writ petition is filed questioning G.O.Rt.No.174, School Education (Exams) Department, dated 07.05.2025 and G.O.Rt.No.183, School Education (Exams) Department, dated 12.05.2025 issued by Respondent No.1 granting permission to Respondent Nos.3 and 4 to establish new Private Un-aided Junior Colleges at Dharmajigudem Village, Lingapalem Mandal, Eluru District from the academic year 2025-26.
2. The facts leading to filing of this case are as follows:
The Petitioner is a registered Educational Society running two Junior Colleges namely Sri Prathibha Junior College from the academic year 2020-21 and had also taken over the Management of Sri Sai Junior College. The Colleges are located at Dharmajigudem Village, Lingapalem Mandal, Eluru District. While so, Respondent No.1 issued G.O.Rt.No.174, School Education (Exams) Department, dated 07.05.2025 and G.O.Rt.No.183, School Education (Exams) Department, dated 12.05.2025 granting permission to Respondent Nos.3 and 4 to establish a new Private Un-aided Junior Colleges namely Vanitha Junior College for Women and Ananya Junior College at Dharmajigudem Village, Lingapalem Mandal, Eluru District. Questioning the
The establishment of educational institutions must comply with statutory provisions, ensuring local educational needs are assessed to prevent unhealthy competition.
The right of minority educational institutions to establish colleges is subject to satisfying statutory conditions of need and infrastructure as per the Andhra Pradesh Education Act.
The government policy on educational institution permissions must align with local needs as mandated by legislation, prioritizing educational access.
Notification for starting a new education institution - Permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior exp....
The court established that adherence to the perspective plan is mandatory for the issuance of Letters of Intent for new colleges under the Maharashtra Public Universities Act 2016.
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
The main legal point established in the judgment is that an order passed without jurisdiction is a nullity and cannot sustain in the eye of the law.
Education - Affiliation of colleges - As per scheme of statutory provisions, Government's interference is only at end. As in said case, University has conducted rounds of enquiries and inspections an....
State-imposed conditions for educational affiliation that contradict AICTE approval undermine institutional autonomy and are unconstitutional.
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