IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6464 of 2006 Between: Little Flower English Medium School, Chittoor. … Petitioner And The District Educational Officer, Chittoor & others. … Respondents Counsel for the Petitioner: Smt. N. Sameena for Sri K. Asad Ahamed Counsel for respondents 1&2: AGP for School Education Counsel for respondent No.3: None The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6464 of 2006 ORDER: This writ petition is filed for a Mandamus to declare the action of respondent Nos.1 and 2 in permitting respondent No.3 school to function in the locality in which the petitioner school is situated, as illegal and contrary to the Rules in force. I have heard Smt. N. Sameena representing Sri K. Asad Ahamed, learned counsel for the petitioner and the learned Assistant Government Pleader for School Education representing respondent Nos.1 and 2. No one represented respondent No.3 at the hearing. The petitioner is an existing aided school. On the application made by respondent No.3, respondent No.1 vide her proceedings L.Dis.No.2951/A6/2005, dated 29.05.2006 accorded permission for starting an unaided educational institution for running classes I to V in English and Telugu medium during the academic year 2006-07 at Showkarpet, C.B. Road, Chittoor. The said proceedings are assailed in the present writ petition. The main plank on which the writ petition is grounded and the learned counsel for the petitioner canvassed at the hearing is that granting of permission for opening of a new school in the same locality, which is adequately served by an aided school, is prohibited by Rules 21(A) and (B) of the A.P. (Integrated) Educational Rules, 1966 (for short, “the1966 Rules”). According to the petitioner, permitting a new school in the same locality will create unhealthy competition. In the counter affidavit filed by respondent No.1 it is inter alia stated that the petitioner, which is an English medium aided school, is running single section in each class with a total strength of 253, while respondent No.3 has both Telugu and English medium with a total strength of 527. It is further stated that taking into consideration the need and viability in terms of Rule 4 of the A.P. Educational Institutions (Establishment, Recognition, Administration and Contrary of Schools under Private Managements) Rules 1993 (for short, “the 1993 Rules”), permission has been granted to respondent No.3 to open a school in the locality in question. It is further stated that while the petitioner is an aided school imparting only English medium for classes I to X, respondent No.3 is an unaided institution and therefore there is no clash of interests between the petitioner and respondent No.3. The fact that respondent No.3 is running a school with absolute viability shows that there is need for establishment of another school and that there is no unhealthy competition between the two schools. Having regard to the fact that the 1966 Rules on which the petitioner placed reliance did not have statutory force and under the 1993 Rules the competent authority is vested with the power to grant permission after ascertaining the need, the plea of the petitioner that granting permission to respondent No.3 for running the school in the same locality in which the petitioner is situated, is illegal, does not merit acceptance. On a careful perusal of the record, this Court is satisfied that grant of permission in favour of respondent No.3 is strictly in accordance with Rule 4 of the 1993 Rules and the said decision does not call for any interference by this Court. For the abovementioned reasons, the writ petition fails and is accordingly dismissed. As a sequel to dismissal of the writ petition, WPMP.No.16939 of 2006 filed by the petitioner for interim relief is also dismissed. __________________________ C.V.NAGARJUNA REDDY, J Date: 26.08.2010. ES