IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15485 of 2008 Between: Bandimamba Rural Educational Society Moghalipuram(V) Sabbavaram(M) Visakhapatnam District Rep.by its Correspondent G.Sitaramam ..... PETITIONER AND 1 The Secretary A.P.State Council of Higher Education Masab Tank Hyderaba 2 The Vice Chancellor Andhra University Waltair Visakhapatnam .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly in the nature of writ of Mandamus declaring the delay and inaction on the part of the 1st respondent to issue approval orders for commencing the new degree college by the petitioner education society for the academic year 2008-09 at Devarapally Visakhapatnam District as arbitrary and illegal and consequently direct the 1st respondent to issue approval orders in favour of the petitioner educational society for commencing the new private unaided degree college for the year 2008-09 at Devarapally Visakhapatnam District forthwith in the interest justice Counsel for the Petitioner:MR.P.NAGENDRA REDDY Counsel for the Respondent No.: C.SUDESH ANAND(SC FOR APSCHE) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15485 OF 2008 ORDER: 1. This writ petition has been filed by Bandimamba Rural Educational Society, represented by its Correspondent G. Sitaramam assailing the inaction of the 1st Respondent in issuing approval order for commencement of new degree college for the academic year 2008- 09. 2. The writ affidavit in brief is as follows: - The petitioner is an educational society and it submitted an application to start a decree college. The Joint Inspection Committee inspected the land and suggested some modifications in the building. At the time of inspection, the Mandal Revenue Officer was housed in part of the college premises. The college informed the Inspection Committee that the Mandal Revenue Officer is likely to be shifted within short period to the new premises constructed by the Government. The petitioner addressed letter to the 1st respondent intimating that the Mandal Revenue Office which is housed in the premises of the petitioner society is likely to be shifted within short period. Accordingly, the Mandal Revenue Office came to be shifted on 7-9-2007 to new premises. Shifting of Mandal Revenue Office has been informed to the 1st Respondent,.But no action has been initiated on the representations submitted by the petitioner’s society with regard to the grant of permission to start a decree college. Hence, this writ petition. 3. When this writ petition came up for admission, learned standing counsel appearing for the 1st respondent received notice on behalf of the 1st respondent. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that the deficiency pointed out in the inspection has been rectified and thereby there is no impediment for the 1st respondent to consider the application of the petitioner. 6. Learned standing counsel submits that so far as this academic year is concerned notification has been issued and the last date of receipt of application is over. Even if the application of the petitioner is to be considered, it will be for the next academic year. 7. A fact remains that the petitioner submitted a representation rectifying the defects pointed out by the Inspection Committee. 8. In that view of the matter, this writ petition is disposed of directing the 1st respondent to consider the application of the petitioner and pass appropriate orders in accordance with the provisions of A.P. Education Act and the Rules frame thereunder. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 18th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15485 OF 2008. 18th July, 2008.