IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.33486 of 2011 BETWEEN The Godavari Educational Society, Unguturu, West Godavari District. ... PETITIONER AND The National Council for Vocational Training, New Delhi and 17 others. ...RESPONDENTS Counsel for the Petitioner: MR. K. CHIDAMBARAM Counsel for the Respondents: GP FOR EDUCATION GP FOR EMPLOYMENT & TRAINING SRI PONNAM ASHOK GOUD (ASST. SOLICITOR GENERAL) MR. GANTANNAGARI RAMA RAO FOR R1 The Court made the following: ORDER: This writ petition is filed by an educational institution, which is running an Industrial Training Institute (ITI) since 1991 in the name of the Godavari Industrial Training Institute. 2. It appears that there were several other aspirants, who wanted to set up an ITI and that the District Level Committee formed for inspection of new ITI’s and ITC’s had provisionally cleared some of the proposals. Anticipating that permissions may be granted to such new entrants, a writ petition was filed being WP.No.26888 of 2008 by an individual seeking Mandamus against any such permissions in favour of new entrants. While issuing notice this Court by order dated 10.12.2008 granted interim direction not to accord any permission but later when that writ petition came up for further hearing by further order dated 21.04.2011, this Court found that the petitioner therein was neither running any private institution nor is one of the aspirants, as such, he had no justification seeking interim direction as prayed for. Accordingly, the miscellaneous application was dismissed. It appears that on account of vacation of stay, the further process towards considering grant of permission to such new entrants commenced. Under the Memo.No.D/9961/2011 dated 14.11.2011, the Directorate of Employment and Training called for factual reports of as many as 13 new applicants, whose proposals were cleared by the District Level Committee. The said proceeding is now questioned in this writ petition by the petitioner alleging that advertisements calling for application as required under procedure for affiliation vide Appendix – XIX is not being followed as neither there were any advertisements before considering the list of new entrants nor the other requirements are fulfilled by the said new applicants. 3. Learned counsel for the petitioner, therefore, submits that the entire process resulting in the impugned memo dated 14.11.2011 is liable to be set aside. 4. After hearing the learned Government Pleader representing the respondent – State, I am of the view that the locus standi of the petitioner itself is in serious doubt, as the petitioner itself is running similar ITI and in a sense would be a competitor for new entrants. It, therefore, appears to me that it is to ensure that there is no healthy competition in the field of education and with a view to monopolizing this field, the petitioner – ITI, which is already running in the area, filed this writ petition. Further, what is sought to be achieved by dismissing WPMP.No.35214 of 2008 in WP.No.26888 of 2008 would be frustrated by entertaining this writ petition. 5. I am, therefore, not inclined to entertain the writ petition for another reason also viz. the impugned proceedings of the Directorate of Employment and Training merely calls for factual report from the Regional Deputy Director. Whether permissions are to be granted or not is a matter that would depend upon the factual reports, which will be received by the Directorate of Employment and Training and thereafter, the consideration of applications of 13 applicants would come up to be decided. At this stage, therefore, the challenge to the impugned order appears wholly premature, as such, the writ petition cannot be entertained. The writ petition is accordingly dismissed, as no legal right of the petitioner is infringed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 20, 2011 DSK