IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 579 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 08/04/2009 in WP NO : 7365 OF 2009 on the file of the High Court.) Between: All India Council for Technical Education (AICTE) Rep. by its Regional Director zouth Central Regional Office, Mahaveer Marg, Hyderabad. ..... APPELLANT AND 1) Viswam Educational Society Rep.by its Secretary/Correspondent, M. Prabhakar Reddy D.No. 87-450-2, Sri Nagar Colony, Behind N.S. Plaza, Kurnool, Kurnool Dist. 2) Viswam Institute of Management & Computer Sciences Rep.by its Secretary/Correspondent, M. Prabhakar Reddy Thattuvaripalli Village, Angallu, Kurabalakota Mandal, Chittoor Dist. 3) M. Prabhakar Reddy S/o. M. Buyya Reddy R/o. Chittoor Dist. 4) Government of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad. .....RESPONDENTS Counsel for the Appellant: MR.K.RAMAKANTH REDDY Counsel for the Respondents 1 to 3: MR.S.NIRANJAN REDDY Counsel for the Respondent No. 4: GP for Higher Education The Division Bench of this Court made the following : (Judgment follows 2nd page) THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 579 of 2009 J U D G M E N T : (Per the Hon’ble Smt.Justice T. Meena Kumari) The writ appeal is filed against the order dated 08-4-2009 passed by the learned single Judge in WPMP.No. 9652 of 2009 in WP.No.7365 of 2009, whereby the learned single Judge granted interim direction to the first respondent to receive and reconsider petitioners application for grant of permission for establishing Technical Institution for imparting training in MBA course at Thattuvaripalli village, Chittoor district and pass orders on the petitioners application for grant of recognition as a Institute of Management and Computer Sciences, pending disposal of the main writ petition. 2. The main writ petition is filed seeking a writ of mandamus to declare the action of the first respondent in returning the application of the petitioners submitted for establishment of Technical Institution for imparting training in MBA course at Thattuvaripalli village, Chittoor district as being illegal, arbitrary, unconstitutional and contrary to the provisions of AICTE Act and the Regulations made thereunder and consequently to direct the first respondent to reconsider and grant recognition to the second petitioner’s college for the academic session 2009-2010 onwards and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case. 3. The learned counsel representing the All India Council for Technical Education submits that the impugned order amounts to directing the appellant to reconsider an ineligible/invalid application of the Respondents 1 to 3 and that they are ineligible applicants, since mandatory land requirement is not fulfilled as per Regulation 4.2, which is mandatory. Further the impugned order amounts to directing the appellant to violate its own rules and regulations, which has been approved by following the judgments of this court as well as the Apex Court. As per the Regulations the respondents 1 to 3 should submit complete application before 31-12-2008 but they did not submit the same. If one ineligible case is considered, it will open the floodgates for litigation al over the country at different AICTE offices by ineligible applicants and perpetuate illegality. The appellant in its letters dated 17-2-2009 and 24-3-2009 clearly mentioned the valid legal grounds for returning the application of the society. 4. The learned counsel further submitted that the applications has already been considered and the same was rejected on the ground that the land is registered in the name of Venkataramana Reddy and not Viswam Educational Society, vide Document No.3134/2007, dated 09-4-2007. But however, in view of the fact that interim direction already granted, it is submitted by the learned counsel for the appellant that if the application of the respondent is allowed there may be likelihood of more number of applications all over the country and sought to modify the interim orders passed by the learned single Judge. 5. On the other hand, Sri S.Niranjan Reddy, the learned counsel for the Respondents 1 to 3 vehemently contended that the action of the appellant in returning the application of these respondents despite complying with all the requirements as sought by the appellant is arbitrary and illegal. Unless the appellant is directed to receive and reconsider the application of these respondents and the respondents application be considered favourably, permitting them to run the Institute of Management and Computer Sciences at Thattuvaripalli village, Chittoor, the respondents right under Article 19 (1) (g) of the Constitution of India would be impaired. The respondents have already represented to the appellant seeking reconsideration of their application by giving true and correct facts. However, the appellant is not receiving to reconsider their application. 6. Heard the learned counsel for the appellant as well as the learned counsel for the respondents. 7. In the facts and circumstances, we deem it appropriate to modify the interim order dated 08-4-2009 passed by the learned single Judge in WPMP.No. 9652 of 2009 in WP.No.7365 of 2009 as that of interim direction to the appellant to reconsider the case of the respondents in accordance with rules and eligibility. 8. Subject to the above modification in the impugned order, the writ appeal is disposed of at the stage of admission. No costs. ________________________ JUSTICE T. MEENA KUMARI. ____________________________ JUSTICE VILAS V. AFZUL PURKAR. 27-04-2009. I s L