IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 27939 of 2005 Between: Vidyodaya Educational Society Regd.No.122 of 1992, rep by the Correspondent and Secretary Smt.P.Yamini W/o.I.Ramamohana Redy, R/o.Kurnool. ..... PETITIONER AND 1 Shri Krishnadevaraya University rep by its Registrar, Anantapur. 2 The Dean, College Development Council, Sri Krishadevaraya University, Anantapur. 3 Sri Lakshmi Venkateswara Educational Society Regn.No.132/1985, No. 40-581, R.S.Road, Kurnool rep by its Secretary and Correspondent Shri s.V.Nagi Reddy S/o.Late Laxmi Reddy, R/o.Kurnool. ....RESPONDENTS 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 to sisue a direction, order a writ more particularly one in the nature of writ of mandamus to declare the action of the respondents in general and 2nd respondent in particular in issuing the letter dt.21.12.2005 as arbitrary, illegal, unjust and without authority of law and pass such other and further order or orders as are deemed ﬁt and proper by this Hon'ble Court in the circumstances of the case. Counsel for the Petitioner: MR.SIVA Counsel for the Respondents: MR.M.RAMALINGESWARA REDDY The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27939 of 2005 ORDER: The petitioner educational society is running a public school. It has also started Rayalaseema Institute of Excellence PG College (RIEPG) after allegedly complying with the formalities as per the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 (the Rules, for brevity). The petitioner then approached ﬁrst respondent for temporary aﬃliation as per the Rules. Second respondent by communication dated 03.09.2005 addressed to the Principal of RIEPG college granted temporary aﬃliation for academic years 2004-2005 and 2005-2006 duly permitting to take over batch of students admitted in RIEPG college in 2004- 2005. Three months thereafter second respondent issued a letter/order dated 21.12.2005 to the Secretary and Correspondent of the Degree College run by the petitioner to furnish information along with documentary evidence for grant of temporary aﬃliation. Aggrieved by the same, instant writ petition is filed seeking invalidation of said letter/order. The petitioner mainly contends that third respondent is rival of the petitioner and they tried to stall the activities of the petitioner, in vain. Therefore, they approached ﬁrst respondent and got issued the impugned letter/order through second respondent. It is, therefore, alleged that the impugned letter/order is vitiated by illegality and mala fides. This Court, while admitting the writ petition on 29.12.2005, in W.P.M.P.No.35837 of 2005 suspended the impugned letter/order observing that ﬁrst respondent granted temporary aﬃliation for RIEPG and therefore, the impugned letter/order is superfluous and unwarranted. After perusing the material placed on record, this Court is convinced that temporary aﬃliation for academic years 2004-2005 and 2005-2006 has already been granted vide letter dated 03.09.2005 and therefore, in the absence of any details in the impugned letter/order, it must beheld that the same was issued without application of mind. In any view of the matter as the petitioner’s temporary aﬃliation was only upto the end of academic year 2006, it is open to it to approach ﬁrst respondent and seek appropriate redressal. The writ petition, with the above observations, is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 17th October, 2008 GHN To 1 Shri Krishnadevaraya University rep by its Registrar, Anantapur. 2 The Dean, College Development Council, Sri Krishadevaraya University, Anantapur. 3 Sri Lakshmi Venkateswara Educational Society Regn.No.132/1985, No. 40-581, R.S.Road, Kurnool rep by its Secretary and Correspondent Shri s.V.Nagi Reddy S/o.Late Laxmi Reddy, R/o.Kurnool. 4 2CD copies Form-NIC-OGS/WP{MPL}