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.

1. These proceedings arise out of the refusal of the State to grant permission to the petitioner - Society to establish a College of Education. The relevant facts are the following :

2. Petitioner - Society was registered under the Societies Registration Act , XXI of 1960 bearing S. No. 270 of 1988. Members of the Managing Committee of the Society belong to Christ Church in Church of South India, in Cuddapah District. The Society was established with the object of establishing primary and Upper Primary Schools, technical vocational schools and colleges, College of Education etc. for the betterment of the Christian minorities. Petitioner filed an application for permission to establish a College of Education in Cuddapah on 12-8-1988. On receipt of the application, Government called for a report from the District Educational Officer, Cuddapah on 10-11-1988. Sri Venkateswara University, within whose local jurisdiction Cuddapah District lies, sent up an inspection team which submitted its report. According to the petitioner, educational needs of the locality viz., Cuddapah District fully justifies the grant of permission. Petitioner submits that it is more so because a minority community has a right to establish and administer educational institutions of its choice, and since there is no College of Education run by minority community in Cuddapah or Ananthapur Districts. There is no private College of Education in Chittoor District. The only college run by Sri Padmavathi Mahila University at Tirupathi is confined to woman and has a few seats. In 1984-85 Government granted permission to establish a private College of Education in Badevl which is 70 Kms. from Cuddapah. Yet another College of Education namely, Duglas Memorial College of Education, Proddatur which was sanctioned in 1987 as a christian minority institution became defunct later. Petitioner submits that educational needs of the locality for establishing a College of Education was clearly spelt out by the facts viz., (a) the total Christian population in Cuddapah District according to the 1981 census was 2,50,256, (b) existence of 15 Christian Junior Colleges and High Schools in Cuddapah District with a pupil strength of 9.380, and (c), the location of all regional offices at Cuddapah which is the zonal headquarters of Rayalaseema, of which Cuddapah is the nerve - centre.

3. Petitioner submits that in spite of the need justifying grant of permission, Government rejected petitioner's application by order dt. 12-12-1988 on the ground that the Government was consolidating the existing institutions in that year and therefore permission for new B. Ed. Colleges would not be granted during 1988-89. Petitioner urges that the above ground was wrong, since the Government had granted permission to other institutions during the same period.

4. Petitioner filed another application dt. 28-4-1989 to reconsider the order so as to grant permission for the next year i.e. 19891990. On 1-8-1989 petitioner also filed an application to the 2nd respondent for recognition of the College as minority institution. He sent reminders on 29-5-89, 12-7-89, 9-8-1989, 24-8-89 and 30-10-1989 to the 1st respondent seeking permission to establish the College of Education. In the meantime, a Division Bench of this Court allowed W.P. No. 3165 / 89 directing the respondents to grant permission to establish new College of Education, notwithstanding the alleged attempts of the State to consolidate the organisationa