IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO : 19771 of 2009 Between: Viswa Bharati Education Society (Regd. No. 1860/91) Rep. by its Secretarya Cum Correspondent Dr. CHV Purushotham Reddy S/o. Ramana Reddy, 59 yrs, R/o. H.No. 5-10-6, Kishanpura, Hanamkonda, Warangal, A.P. ..... PETITIONER AND 1 Chairman, AICTE (All India Council for Technical Education) 7th Floor, Chandralok Building, Janapth, New Delhi. 2 Member Secretary, AICTE (All India Council for Technical Education) 7th Floor, Chandralok Building, Janapth, New Delhi. 3 Advisor E & T, AICTE (All India Council for Technical Education) 7th Floor, Chandralok Building, Janapth, New Delhi. 4 Principal Secretary, HRD Ministry Government of India, Shastri Bhavan, New Delhi. 5 Principal Secretary, (Higher Education) Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 6 Regional Officer, AICTE, South Central Regional Office, JNTU Campus, Masab Tank, 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 issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not takiang any decision on the application filed by the petitioner dt. 10-7-09 is illegal, arbitrary and in violation of the procedure prescribed for processing of the application for sanction of Engineering Colleges, and direct the respondents No.1 & 2 to pass appropriate Orders on the application made by the petitioner for the academic year 2009-2010 and pass such other suitable orders. Counsel for the Petitioner:SMT.A.CHAYA DEVI Counsel for the Respondent No.: MR.K.RAMAKANTH REDDY The Court made the following : ORDER:- The matter is coming up for admission. 2. Heard Smt.A.Chaya Devi, the learned Counsel representing the writ petitioner, and Sri K.Ramakanth Reddy, Sri A.Rajasekhar Reddy (Asst.Solicitor General) and G.P. for Higher Education for respondents. 3. The writ petition is filed for a Writ of Mandamus declaring the action of the respondents in not taking any decision on the application filed by the petitioner dt.10-7-2009 is illegal, arbitrary and in violation of the procedure prescribed for processing of the application for sanction of Engineering Colleges and direct respondents No.1 and 2 to pass appropriate orders on the application made by the petitioner for the academic year 2009-2010 and pass such other suitable orders. 4. It is stated that the petitioner society established Chaitanya Degree College in the year 1971 and Chaitanya Post Graduate College in the year 1993. It is also stated that the 2nd respondent issued letter dt.31-3-2009 for establishment of new Degree Engineering and Technology Institution in the name and style of Chaitanya Institution of Technology and Science at Madikonda village, Warangal District. It is also stated that on 27-6-2009 the petitioner submitted all the requirements mentioned in the letter of Intent and expressed his readiness for visit of the Institution. After satisfying with the application made by the petitioner, the Expert Committee visited the College on 27-6-2009. It is further stated that on 25-8-2009, the petitioner made another representation to the 1st respondent making a request for issue Letter of Approval to their Institution by bringing certain facts. Further it is stated that on 30-6-2009 the deficiency letter being improper as it was not passed by the Ex-Sub-Committee as per the procedure. Several other further facts had been narrated in the affidavit filed in support of the writ petition. 5. The order made in W.P.No.17877/2009 also is placed before this Court wherein the writ petition was disposed of observing as hereunder:- “From a perusal of the impugned letter dt.31-7-2009 issued by the 2nd respondent, it is clear that the application dt.26-12-2008 filed by the petitioner proposing to establish a new Degree Engineering College in the name and style of Annamacharya Institute of Technology and Sciences for the academic year 2009-2010 was rejected on the ground of certain deficiencies as enumerated in the impugned letter which were pointed out only after thorough verification of the infrastructure and other facilities in the proposed institution and after examination of the reports of the Expert Committee by the appropriate. However, having regard to the option left to the petitioner to apply for reconsideration for establishment of the Engineering College for the next academic year, and having regard to the submission made by the learned Counsel for the petitioner that the petitioner will file an application for reconsideration of her request for grant of approval for establishment of new Degree Engineering College, this Court deems it appropriate to dispose of the writ petition with the following directions: “The petitioner is directed to file an application to the 2nd respondent – Member Secretary, All India Council for Technical Education, by paying requisite fee of Rs.40,000/- for reconsideration of his application for approval of new Degree Engineering College. On such application being filed, the 2nd respondent is directed to verify whether the petitioner’s college has the required infrastructure as per the norms and standards of AICTE Regulation and Handbook for Approval Process and submit a report to the 1st respondent – appellate authority, before whom the appeal, said to have been filed by the petitioner, is pending consideration. The appellate authority, after considering the said report shall dispose of the appeal by passing appropriate orders thereon, in accordance with law, expeditiously.” Accordingly, the writ petition is disposed of. No costs.” 6. Similar orders passed in other writ petitions also had been placed before this Court. In view of the facts and circumstances, this Court is of the considered opinion that the writ petition be disposed of directing the 1st and 2nd respondents to consider the application of the petitioner dt.10-7-2009 in accordance with law within a period of two weeks from the date of receipt of this order without fail. 7. The writ petition is disposed of accordingly. No order as to costs. ____________________ Justice P.S.Narayana 17th September, 2009 NOTE:- Copy by 18-9-2009 (B/o.smr/pn)