*The Hon’ble Sri Justice V.V.S.RAO +Writ Petition Nos.10838 of 2004 and Batch %20.08.2004 £Sree Krishna Chaitanya Degree College, Rep. by Correspondent, Sri R.V. Rami Reddy, S/o. Dasaradha Rami Reddy, aged about 39 years, Near Madras Bus Stand, Nellore and others. …Petitioners Vs. $1. The Registrar, Sri Venkateswara University, Tirupathi, Chittoor District and others. … Respondents !For the petitioners …Smt. Jyothi Eswar Gogineni & others ^For the Respondents …Mr. B.Adinarayana Rao & others <Gist: >Head Notes: ? Cases Referred 1. AIR 1993 SC 2178 2. AIR 1974 SC 1389 3. (2002) 5 ALT 320 4. AIR 1957 SC 912 5. (2001) 7 SCC 708 6. AIR 1984 SC 1757 7. AIR 1996 SC 1469 8. (1987) 1 SCC 13 9. (1994) 2 SCC 718 10. 2001(6) ALT 240 (FB) IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION Nos.10838, 10865, 10974, 11149, 11163, 11164, 11885, 12330, 12503, 12518, 12584, 12610, 12620, 12665, 12671, 12683 and 12703 of 2004 WRIT PETITION NO : 10838 of 2004 Between: Sree Krishna Chaitanya Degree College, Rep by Correspondent, Sri R.V. Rami Reddy,S/o. Dasaradha Rami Reddy, aged about 39 years, Near Madras Bus Stand, Nellore. ..... PETITIONER AND The Registrar, Sri Venkateswara University, Tirupathi, Chittoor District. .....RESPONDENT 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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring that the action of the respondent in issuing the impugned notice dated 24-6-2004 is in violation of the provisions of G.O.Ms.No. 29 Rule 9(2) (b), dated 15-7-1987, R/W,G.O.R.T.NO. 1623, dated 12-10-1990, and is arbitrary, unconstitutional, and illegal and to further direct the respondent to relax the time for fulfilling the norms as per G.O.29 Rule 9(2) (b), to SREE KRISHNA CHAITANTYA DEGREE COLLEGE, Near Madras Bus Stand, Nellore (Petitioner herein). Counsel for the Petitioner:SMT.JYOTHI ESWAR GOGINENI Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 10865 of 2004 Between: Sri Venkateswara Arts & Science Degree College, Officer's Lane Chittoor-517 001, A.P., rep by Correspondent Dr. R. Venkata Swamy ..... PETITIONERS AND 1 Sri Venkateswara University Tirupati, Chittoor District rep by Registrar 2 State of a.P. rep by Principal Secretary, Higher Education (CE.II) Dept., Secretariat, Hyderabad 3 A.P. State council of Higher Education, Post Box No. 34, Saifabad Hyderabad- 500 004, rep by Secretary .....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 issue a Writ or order or direction, especially one in the nature of Mandamus: (i) declare the impugned order dated 24-6-2004 of the 1st Respondent as illegal, arbitrary and without jurisdiction and set aside the same; (ii) direct the respondents to continue the affiliation to the petitioners college inview of G.O.Rt. No. 991 dated 24-11-2003 and consequential proceedings. Counsel for the Petitioner:MR.V.JOGAIAH SARMA Counsel for the Respondent No.1: MR.B.ADINARAYANA RAO, SC for S.V.University Counsel for Respondent No.2 &3:GP FOR HIGHER EDUCATION WRIT PETITION NO : 10974 of 2004 Between: M.S.R. Degree College, Kavali, Rep. by its Correspondent Sri Dr. D. Venkateswara Reddy, S/o Venka Reddy, R/o Co-operative Colony, Kavali, Nellore District. ..... PETITIONER AND 1 The Principle Secretary, Higher Education, Government of A.P. Secretariat, Hyderabad. 2 The Registrar, Sri Venkateswara University, Tirupati. 3 The Secretary, A.P. State Council for Higher Education, Saifabad, Hyderabad. .....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 issue a writ, order or direction more particularly one in the nature of "Writ of Mandamus" declaring the action of the respondents in de-affiliating the petitioner college from Sri Venkateswara University as illegal, and arbitrary, irrational and violative of Principles of Natural Justice, consequentially to declare the condition to run the petitioner college in own building as directory but not mandatory, Counsel for the Petitioner:MR.UNNAM.MURALIDHAR RAO Counsel for the Respondent No.2: MR.B.ADINARAYANA RAO, SC for S.V.University Counsel for Respondent Nos.1&3: GP FOR HIGHER EDUCATION WRIT PETITION NO : 11149 of 2004 Between: Aditya Degree College, Rep. by its Correspondent,Sri B. Rami Reddy, S/o. Venkatasubba Reddy 58 years, Aditya Nagar, Nellore-2. ..... PETITIONER AND The Registrar, Sri Venkateswara University, Tirupathi, Chittoor District. .....RESPONDENT 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring that the action of the respondent in issuing the impugned notice dt. 24.06.2004 is in violation of the provisions of G.O.lMs.No.29 rule 9 (2) (b) Dated 15.7.1987, R/W. G.O.R.T.No.1623, dt. 12.10.1990 , and is arbitrary, unconstitutional, and illegal and to further direct the respondent to relax the time for fulfilling the norms as per G.O.29 Rule 9 (2) (b) , Aditya Degree College, Nellore-2, ( petitioner herein). Counsel for the Petitioner:MR.B.V.SUBBAIAH Counsel for the Respondent : Mr.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 11163 of 2004 Between: Vivekananda Degree College, Rohini Nagar, Nellore, Rep by its Secretary & Correspondent, Sri P. Radha Krishna, S/o. P. Narsimham, aged 42 years, R/o. Aravind Nagar, Nellore. ..... PETITIONER AND The Registrar, Sri Venkateswara University, Tirupathi, Chittoor District. .....RESPONDENT 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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring that the action of the respondent in issuing the impugned notice dated 24-06-2004 is in violation of the provisions of G.O. Ms. No. 29 Rule 9(2) (b), dated 15-7-1987, R/w. G.O.R.T. No. 1623, dated 12-10-1990, and is arbitrary, unconstitutional, and illegal and to further direct the respondent to relax the time for fulfilling the norms as per G.O.Ms. No. 29 Rule 9(2)(b), VIVEKANANDA DEGREE COLLEGE, Rohoni Nagar, Nellore, (Petitioner herein) and to pass Counsel for the Petitioner:SMT.JYOTHI ESWAR GOGINENI Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 11164 of 2004 Between: Sri. Vaishnavi Degree College, Rep. by its Correspondent, Sri P.V.Ramana Reddy, S/o. P. Venkata Reddy R.S.Road, Rajampet, Cuddpah District. ..... PETITIONER AND The Registrar, Sri Venkateswara University, Tirupathi, Chittoor District. .....RESPONDENT 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring that the action of the respondent in issuing the impugned notice dt. 24.06.2004 is in violation of the provisions of G.O.Ms.No. 29 rule 9 (2) (b), dt. 15.7.1987, R/W, G.O.R.T.No.1623, dt. 12.10.1990, and is arbitrary, unconstitutional, and illegal and to further direct the respondent to relax the time for fulfilling the norms as per G.O.29 Rule 9 (2) (b), Sri Vaishnavi Degree College, R.S.Raod, Rajampet, Cuddpah District ( Petitioner herein) . Counsel for the Petitioner:SMT.JYOTHI ESWAR GOGINENI Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 11885 of 2004 Between: Krishna Sarada Degree College, Porumamilla, rep., by its Correspondent P.Nagarjuna Reddy, S/o Bhaskar Reddy, r/o Porumamilla, Kadapa District. ..... PETITIONER AND Sri Venkateswara University, rep., by its Registrar, Tirupathi, Chittoor District. .....RESPONDENT 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 issue an order or writ one in the nature of writ of mandamus, declaring the action of the respondent in issuing the Impugned Notice in Proc.No.5559/C-III(5)/C.C./2003, dt.24-06-2004 is in violation of the provisions of G.O.Ms.No.29, Rule 9(2)(b), dt.05- 02-1987, R/W G.O.R.T.No.1623, dt.12-10-1990, is arbitrary, illegal, unconstitutional and Consequently to direct the respondent relax the time for fulfilling the norms as per G.O.Ms.No.29, Rule 9(2)(b), dt.05-02-1987 Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 12330 of 2004 Between: Indira Rajiv Memorial Degree College rep by its Correspondent Sri G.M.Ramanadham s/o. G.v. Muniratnam Udaya, 52 years, R/o. Kuppam Chittoor District. ..... PETITIONER AND The Registrar Sri Venkateswara University Tirupathi, Chittoor District. .....RESPONDENT 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 issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondent in issuing the impugned notice dated 24.6.2004 is in violation of the provisions of G.O.Ms.No.29, dated 15.7.1987 r/w G.O.R.T No.1623 dated 12-10-1990 and is arbitrary, unconstitutional and illegal and to further direct the respondent to relax the time for fulfilling the norms as per G.O.29, to INDIRA RAJIV MEMORIAL DEGRE COLLEGE, Kuppam Chittoor District (Petitioner herein). Counsel for the Petitioner:SMT.JYOTHI ESWAR GOGINENI Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 12503 of 2004 Between: H.M.Degree College, rep.by its Correspondent Sri Sayed Basha Saheb, S/o Shamshudden, Bose Nagar, Rayachoti, Cuddapah District. ..... PETITIONER AND The Registar, Sri Venkateswara University, Tirupathi, Chittoor District. .....RESPONDENT 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 issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring that the action of the respondent in issuing the impugned notice dated 24-06-2004 is in violation of the provisions of G.O.M.S.No.29 Rule 9(2) (b), dated 15-7-1987, R/w.G.O.R.T.No.1623, dated 12-10-1990, and is arbitrary, unconstitutional, and illegal and to further direct the respondent to relax the time for fulfilling the norms as per G.O.29 Rule 9(2) (b), H.M.Degree College, Bose Nagar, Rayachoti, Cuddapah District (Petitioner herein). Counsel for the Petitioner:SMT.JYOTHI ESWAR GOGINENI Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 12518 of 2004 Between: Dr. A.E.R. Degree/P.G. College, No. 533, Reddy & Reddy Colony, Tirupathi-517 501, Chittor Dsitrict, rep by its Correspondent, Dr. Agarala Eswar Reddy, S/o. Agarala Venkata Subba Reddy, Aged about 71 years, r/o. Tirupathi. ..... PETITIONER AND 1 Sri Venkateswara University, Tirupathi, Chittoor District, rep., by its Registrar . 2 The Government of Andhra Pradesh, rep by the Secretary, Department of Higher Education, Secretariat Buildings, Hyderabad. 3 The A.P. State Council of Higher Education, Saifabad, Hyderabad rep. by its Secretary. .....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 issue a writ, order or direction in the nature of Mandamus declaring the action of the first Respondent University in not granting extension of temporary conditional affiliation to the petitioner college for the academic year 2004-2005 by its proceedings dt.24.06.2004 as illegal, arbitrary and violative of the fundamental rights of the petitioner College and consequently direct the 1st Respondent University to grant temporary conditional affiliation to the petitioner college till the expiry of ten years from the date of its establishment as per Rule 9 (2) (b)of the A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 contained in G.O.Ms. No. 29, Education (Rules) dated 5-2-1987 read with G.O. Rt. No. 1623, dated 12-10-1990. Counsel for the Petitioner:MR.P.V.SANJAY KUMAR Counsel for the Respondent:1 : MR.B.ADINARAYANA RAO, SC for S.V.University Counsel for the Respondent Nos.2,3: GP FOR HIGHER EDUCATION WRIT PETITION NO : 12584 of 2004 Between: Sree Veda Vyasa Degree College, T.B. Road, Proddatur, Kadapa District, rep by its Correspondent B. Rama Devi, W/o. B. Narasimha Reddy, and 44 years. ..... PETITIONER AND Sri Venkateswara University, Tirupati, Chittoor District, rep by its Registrar. .....RESPONDENT 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 issue writ of mandamus or any other appropriate writ or direction declaring the order of the respondent passed in No. 5559/C-III(5)/C.C./2003 dated 24-6-2004 as illegal, arbitrary and contrary to the rules and consequently direct the respondent to consider the application of the petitioner college for conditional recognition for the year 2004-05. Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 12610 of 2004 Between: Sri C. Sivashankar Reddy and Subbarami Reddy, Memorial Degree College, Kamalapuram, Kadapa District. Rep. by its Correspondent C. Rajagopal Reddy, S/o. C. Budda Reddy, aged 37 years. ..... PETITIONER AND Sri Venkateswara University, Tirupati,Chittoor District, rep. by its Registrar .....RESPONDENT 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 issue writ of mandamus or any other appropriate writ or direction declaring the order of the respondent passed in No. 5559/C-III(5)/C.C./2003 dated 24-6-2004 as illegal, arbitrary and contrary to the rules and consequently direct the respondent to consider the application of the petitioner college for conditional recognition for the year 2004-05. Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 12620 of 2004 Between: Sri Gobula Krishna Reddy Degree College 1/334 Maruthi Nagar, Kadapa, rep. by its Correspondent P. Surendranath Reddy, S/o. P. Madhava Reddy, age about 45 Years. ..... PETITIONER AND Sri Venkateswara University Tirupathi, Chittoor District. rep. by its Registrar. .....RESPONDENT 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 issue Writ of Mandamus or any other appropriate Writ or direction declaring the order of the respondent passed in No. 5559/C-III(5)/C.C/2003 dated 24-6-2004 as illegal, arbitrary and contrary to the rules and consequently direct the respondent to consider the application of the Petitioner college for conditional recognition for the year 2004-05. Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 12665 of 2004 Between: Sri Balaji Degree College for Women, 6-1-160, Varadharaja Nagar, K.T.road, Tirupati, Chittoor District, rep., by its Correspondent, Dr.R.Venkata Swamy. ..... PETITIONER AND 1 Sri Venkateswara University, Tirupathi, Chittoor District rep.by its Registrar 2 State of A.P, rep.by its Principal Secretary, Higher Education (CE.II) Department, Secretariat, Hyderabad 3 A.P.State Council of Higher Education, Post Box No.34, Saifabad, Hyderabad, rep.by its Secretary .....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 issue a Writ or order or direction, especially one in the nature of Mandamus : (1) declare the impugned order dated 24-6-2004 of the 1st respondent as illegal, arbitrary and without jurisdiction and set aside the same; (ii) direct the respondents to continue the affiliation to the petitioners college for the academic year 2004-05. Counsel for the Petitioner:MR.V.JOGAIAH SARMA Counsel for the Respondent NO.1: MR.B.ADINARAYANA RAO, SC for S.V.University Counsel for the Respondent No.2&3: G.P.for Higher Education WRIT PETITION NO : 12671 of 2004 Between: Sri C.Dass Arts & Science College, Sathyavedu, Chittoor District, rep.by its Correspondent, Dr.R.Venkata Swamy ..... PETITIONER AND 1 Sri Venkateswara University, Tirupathi, Chittoor District rep.by its Registrar 2 State of A.P, rep.by its Principal Secretary, Higher Education (CE.II) Department, Secretariat, Hyderabad 3 A.P.State Council of Higher Education, Post Box No.34, Saifabad, Hyderabad, rep.by its Secretary .....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 issue a Writ or order or direction, especially one in the nature of Mandamus : (1) declare the impugned order dated 24-6-2004 of the 1st respondent as illegal, arbitrary and without jurisdiction and set aside the same; (ii) direct the respondents to continue the affiliation to the petitioners college for the academic year 2004-05. Counsel for the Petitioner:MR.V.JOGAIAH SARMA Counsel for the Respondent No.1: MR.B.ADINARAYANA RAO, SC for S.V.University Counsel for Respondents 2&3: G.P. for Higher Education WRIT PETITION NO : 12683 of 2004 Between: Sri Parameswara Degree College jammalamadugu Kadapa District, rep. by its Correspondent, Shri R.Rajeswara Reddy S/o Narayana reddy, aged 54 years. ..... PETITIONER AND Sri Venkateswara University Tirupati , Chittoor district rep. by its Registrar .....RESPONDENT 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 issue writ of Mandamus or any other appropriate writ or direction declaring the order of the respondent passed in No. 5559/C-III(5)/C.C/2003 dt. 24/06/2004 as illegal, arbitrary, and contrary, to the rules and consequently direct the respondent to consider the application of the petitioner college for conditional recognition for the year 2004-05. Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent : MR.B.ADINARAYANA RAO, SC for S.V.University WRIT PETITION NO : 12703 of 2004 Between: Sri Venkateswara Degree College, Trunk Road, Nellore rep. by its Correspondent, Sri P.Sunil Kumar, R/o.Trunk Road, Nellore, Nellore Dist. ..... PETITIONER AND The Sri Venkateswara University, Tirupathi, rep.by its Registrar.Tirupathi, Chittoor Dist. .....RESPONDENT 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 issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in issuing the impugned notice dt.24-6-2004 bearing No.5559/C-III (5)/CC/2003, is in violation of the provisions of G.O.Ms.No.29 Rule 9 (2) (b) dt. 15-7-1987 R/w.G.O.Rt.No.1623 dt.12-10-1990 and is arbitrary, unconstitutional, illegal and in violation of Article 14 of Constitution of India and consequently direct the respondent to relax the time for fulfilling the norms as per G.O.29 Rule 9(2) (b) dt.15-7-1987. Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondent : MR. B.ADINARAYANA RAO,SC for S.V.University The Court made the following order: THE HONOURABLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.10838, 10865, 10974, 11149, 11163, 11164, 11885, 12330, 12503, 12518, 12584, 12610, 12620, 12665, 12671, 12683 and 12703 of 2004 COMMON ORDER: All the petitioners are private educational institutions in the Districts of Chittoor, Kadapa and Nellore. They were affiliated temporarily to Sri Venkateswara University (the University, for short) since the date of establishment of respective colleges. For the academic year 2004-05, however, the University informed the petitioners that extension of temporary conditional affiliation is not granted and that the question of granting further affiliation would be considered after the colleges shift to own buildings. The colleges were directed not to make admissions to first year courses during the academic year 2004-05. The communication from the Registrar of University dated 24.06.2004 is challenged by all the colleges on various grounds. Background facts Taking the Writ Petition No.10974 of 2004 as illustrative case, facts may be noticed in brief. The petitioner college obtained permission under Section 20 of A.P.Education Act, 1982 (the Education Act, for brevity) in the year 1993 as women’s degree college offering degree courses like B.A., B.Com., and B.Sc., in English and Telugu medium. The petitioner college deposited corpus amount of Rs.9,50,000/- (Rupees nine lakh and fifty thousand only) for the purpose of obtaining affiliation of the University. By proceedings No.8709/C III (5)/1993-94, dated 15.09.1993, the Registrar of the University informed the correspondent of Sri Magunta Raghava Reddy Charitable Trust (The Educational Agency, which established petitioner college) that the committee constituted by the Board of Management at its meeting held on 13.09.1993 considered the application of the petitioner college, the recommendations made by the Inspection Commission thereon and resolved to recommend to grant provisional permission for starting the college with B.A., B.Com., and B.Sc., with specified number of students. It was mentioned therein that the recommendations of the committee had been approved by the Rector subject to ratification by the standing committee of the Academic Senate and Board of Management and that the provisional permission is granted subject to fulfilment of the conditions specified by the Inspection Commission, G.O.Ms.No.208 dated 21.08.1990, G.O.Ms.No.1623 dated 12.10.1990, G.O.Ms.No.119 dated 22.03.1991 and other G.Os as well as Chapter XI of Laws of University. The said proceeding also is to the effect that the University granted provisional permission/conditional affiliation to the petitioner college for the academic year 1993-94 and that the same is not applicable for the academic year 1994-95. The college was advised to apply well in advance not later than 31.01.1994 for grant of further affiliation and further advised that unless and until University grants further affiliation for 1994-95, the college should not advertise the courses and should not make admissions for the academic year. The University reserved its right to cancel the admissions made without obtaining prior permission. The petitioner college was established in Kavali town in rented premises. In the year 2001, petitioner, which was a women’s college, applied for conversion to co- education college, which was accordingly granted by the University and A.P. State Council for Higher Education (hereafter called, the State Council). Be it also noted that during these years the petitioner college shifted its premises from one rented building to another rented building. Every year, year after year, the University granted temporary affiliation for one academic year to the petitioner college. The petitioner claims that the college, one of the two in Kavali town enjoys good reputation and there is lot of demand for seats in various courses and that up to 25.06.2004, the college has received three hundred and twenty seven (327) applications even before the declaration of results of Intermediate public examination. The college also claims that in the University Inter collegiate Competitions, the students of the petitioner college received maximum number of prizes and that the college is organizing social welfare and philanthropic programmes in its endeavour to promote extra curricular activities among its students. The college, according to the averments in the writ affidavit, is housed in a pucca building, on lease valid upto 2006, well equipped with computer lab and other laboratories for chemistry, physics, botany, biotechnology and electronics besides a good library. The petitioner alleges that it has purchased Acs.2.00 of land in Survey No.406 of Jammulapalem village of Kavali Mandal for construction of permanent building, which they proposed to start early. The University granted temporary conditional affiliation to the petitioner college for the academic year 2003-04. However, by impugned order, University refused affiliation for the academic year 2004-05 so as to implement the judgment of the Division Bench of this Court in W.P.No.12340 of 2003. The petitioner alleges that it is not a party to the said writ petition and therefore the same is not applicable to the petitioner. According to the petitioner, it applies to those colleges, which did not fulfil the conditions laid down in the Rules promulgated vide G.O.Ms. No.29 dated 05.02.1987 known as A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 (hereafter called, Higher Education Rules). The petitioner therefore contends that the impugned order is contrary to the provisions of the Education Act and principles of natural justice besides being irrational. The petitioner also contends that even as per the Higher Education Rules, the college can seek renewal of temporary affiliation while continuing in leasehold premises and there is no bar for giving such affiliation. The petitioner further states that it has already acquired land for construction of its own building. It could not do so due to continuous drought conditions for the last several years and due to financial constraints. Abruptly, the University deprived the petitioner of affiliation, which would defeat the very object of Section 20 of the Education Act. It is stated that even where a college existing as on the date of coming into force of Rules does not own permanent buildings, it can be granted temporary affiliation for