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 same, the present writ petition is filed.

3. It is pleaded that the G.O.s were issued in relaxation of viability of the area rule under G.O.M.S.No.114, Higher Education (CE-III) Department, dated 09.08.2000 r/w G.O.M.S.No.47, Higher Education (IE-II), Department, dated 26.04.2006 without any justifiable reasons. It is stated that Respondent No.1 had issued G.O.Ms.No.496, School Education (Exams), Department, dated 04.12.2024, wherein viability to start a new Private Junior College have been identified across the State in 37 Mandals and in 2 Municipal areas with a viability to establish 47 colleges and 6 colleges respectively. It is stated that Lingapalem Mandal was not mentioned as a place where there is viability to start a new Junior College. It was stated that Dhamajigudem is a small rural village which already has five Junior Colleges which can admit 352 students each and the said colleges cater to the educational needs of the locality and therefore, there is no reason for establishing new colleges.

4. In the counter affidavit filed by Respondent No.1, it is stated that Sri Sai Junior College is being run by Baba Educational Society and not Petitioner as claimed. It was stated that Baba Educational Society had submitted proposals for shifting within Dharmajigudem Village, Lingapalem Mandal and the Government did not accord permission and proposals were returned.

5. It is stated that Respondent Nos.3 and 4 submitted proposals to Respondent No.2 to start a new Private Un-aided Junior College in Dharmajigudem Village from the academic year 2025-26 onwards. On receipt of the application, Respondent No.2 had directed RIO, Eluru District to carry out inspection of the proposed college and furnish a detailed report with specific recommendations for taking further action. The comprehensive inspection report along with relevant documents were submitted by Respondent No.2 to Respondent No.1 for taking further action.

6. It is stated that as per the SSC data furnished by the Deputy Educational Officer for the previous 04 academic years i.e 2020-21, 2021-22, 2022-23 and 2023-24 and admissions in intermediate colleges in the area for corresponding years, there is a viability for 04 Junior Colleges and the procedure is not deviated. But again at paragraph 12, it was stated that though there is no viability, in the light of the educational trends and the increased demand for quality education, the Government has power to consider establishment of new colleges with requisite criteria based on the recommendation of Board of Intermediate Education by relaxing the provisions of G.O.Ms.No.114, dated 09.08.2000. It was stated that new colleges solely on the number of students within specific Mandal is not entirely reflective of present day educational dynamics and studen