IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 6218 of 2005 Between: Sri. Chaithayya Degree College, Near Bus Station, Cherial, Warangal. rep.by Secretary/Correspondent, Smt. V.Sandhya., ... PETITIONER AND 1 The A.P.State Council for Higher Education, rep. by its Secretary, Post Box No.34, Saifabad, Hyderabad. 500 004. 2 The Govt. of A.P., rep by its. Secretary, Department of Higher Education, Secretariat Buildings, 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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus; declaring the notification dt.24.11.2004 issued by the 1st respondent published in Eenadu Telugu Daily dt.25.11.2004 in so far as it relates to cheryal, Warangal Dist., inviting applications for establishment of new Degree Colleges, is arbitray, illegal, and contrary to the previsions of the A.P., Education Act and consequently direct the 1st respondent not to permit establishment of any new Degree Colleges already where the degree college is running in Cheryal, Warangal District in private sector for the academic year 2005-06. Counsel for the Petitioner: MR.G.JAGADEESWAR Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court at the stage of admission made the following: ORDER: The petitioner seeks a declaration that the notification dated 24-11-2004 issued by the first respondent is arbitrary, illegal and contrary to the provisions of the Andhra Pradesh Education Act, 1982. The petitioner-institution claims to be a recognized Degree College being run at Cherial, Warangal District. This writ petition is filed aggrieved by the notification, dated 24-11-2004, under which applications are invited from the Registered Educational Societies/Colleges for starting new Private Unaided Degree Colleges during the academic year 2005-2006. The petitioner states that the college already established at Cherial, Warangal District is catering to the needs of the student community and there is no need for establishing any other Degree Colleges at present. It is also stated that as per the Rules framed under G.O.Ms.No.29, Education Department, dated 05-02-1987 no permission should be granted to the new institutions if the educational needs of the locality are adequately served. It is contended that the first respondent, while issuing the impugned notification, failed to consider the above said aspects and therefore the Telangana Rural Private Degree Colleges Management Association represented to the first respondent on 10-03- 2005 stating that granting permission for establishment of new colleges would result in unhealthy competition among the institutions. Apart from that, the petitioner made another detailed representation dated 14-03-2005 reiterating that the establishment of new educational institutions under the impugned notification is unwarranted and that the same would put the existing colleges into financial constraints. It is alleged that the respondents failed to consider the said representations and have been taking further steps in pursuance of the impugned notification. Hence, this writ petition. Since the detailed representation made by the petitioner raising objections against the establishment of new institutions at Cherial, Warangal District, in pursuance of the impugned notification, is pending before the respondents, it is not necessary for this Court to go into the merits of the case, but it would be appropriate to dispose of the writ petition directing the respondents to consider the said representation dated 10-03-2005 and 14-03-2005 of the petitioner, before taking any decision for grant of permission to new colleges. Accordingly, the writ petition is disposed of with a direction to the respondents to consider the objections raised by the petitioner in the representations dated 10-03- 2005 and 14-03-2005 before taking any decision for grant of permission to new colleges at Cherial, Warangal District on the basis of the impugned notification dated 24-11-2004. The Writ Petition is accordingly disposed of. No order as to costs. ____________ G. ROHINI, J Dated: 24-03-2005 Note: Furnish C.C. in two days. B/o. LSK ASSISTANT REGISTRAR To 1 The Secretary, A.P.State Council for Higher Education, Post Box No.34, Saifabad, Hyderabad. 500 004. 2 The Secretary, Govt. of A.P.,Department of Higher Education, Secretariat Buildings, Hyderabad. 3 Two C.Cs. to the G.P. for Higher Education, High Court Buildings, Hyderabad. (OUT) 4 Two C.D. copies.