THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9498 of 2011 Date: 08.04.2011 Between: Sairam Degree College, Thorrur, Warangal District, Rep.by its Correspondent and another. … Petitioners and A.P. State Council for Higher Education, Masab Tank, Hyderabad, rep.by its Secretary and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9498 of 2011 ORDER : Heard Sri A. Santhosh Kumar, learned counsel appearing for the petitioners as well as Sri C. Sudesh Anand, learned counsel appearing for respondent No.1-A.P. State Council for Higher Education, Sri V.Narasimha Goud, learned Standing Counsel appearing for respondent No.2-Kakatiya University, and Sri V. Kishore, learned counsel appearing for respondent No.3-Gautami Degree College, and with their consent, the writ petition is being disposed of at the admission stage. 2. This writ petition has been filed to declare the action of respondent Nos.1 and 2 in seeking to consider the proposal dated 17.3.2011 submitted by the 3rd respondent for shifting its College from Mahabubabad Mandal to Thorrur Mandal in Warangal District, as arbitrary and illegal. 3. The petitioners are Educational Institutions imparting Degree course located in Thorrur Village and Mandal of Warangal District. The 3rd respondent is running a Degree College at Mahabubabad, Warangal District. From the averments made in the affidavit filed in support of the writ petition, it appears that the 3rd respondent filed an application dated 17.3.2011 before the 2nd respondent-University seeking to shift its college from Mahabubabad to Thorrur. According to the petitioners, a survey was undertaken by the 1st respondent to identify the educational needs of the localities in the State of Andhra Pradesh and insofar as Warangal District is concerned, several Mandals have been identified as requiring the educational facilities for starting new private un-aided Degree Colleges for the academic years 2011-12. The 1st respondent, however, has not identified Thorrur Mandal as one such locality. It is the case of the petitioners that in terms of Section 20 of A.P. Education Act, 1982 read with Rule 14 of A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987, there is an embargo for shifting a college, which has been established to meet the needs of a particular locality, to another locality. It is on the said premise, the petitioners contend that the 3rd respondent, which is already running a Degree College in Mahabubabad Mandal to meet the educational requirements of the said localilty, is not entitled to seek for shifting its College to Thorrur Mandal. 4. Learned counsel for the 3rd respondent-College, while refuting the said contentions, would submit that although the 3rd respondent-College submitted a proposal, the same has not yet been considered and no orders have been passed in that regard. It is, therefore, contended that the writ petition is pre-mature and liable to be dismissed. 5. From a perusal of the affidavit and the relief sought for in the writ petition, it is evident that so far no decision has been taken either by the 1st respondent or by the 2nd respondent on the proposal submitted by the 3rd respondent. Evidently, this writ petition is pre-emptive in nature, without there being any cause of action. Therefore, the writ petition is liable to be dismissed as pre- mature. 6. Accordingly, the writ petition is dismissed as pre-mature. However, this order does not prevent the petitioners to file objections, if they so desire, before the competent authority and if such objections are filed, the competent authority would take note of the same while considering the proposal submitted by the 3rd respondent for shifting its college. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 08.04.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9498 of 2011 08.04.2011 (Msr)