THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 20289 of 2010 Oral order: The petitioner, namely Narayana Educational Society, represented by its Chairman, filed applications – two applications dated 16.04.2010, one application each 13.05.2010 and 12.07.2010, for grant of permission for establishment of Junior Colleges at Palakol, Tanuku, Tadepalligudem and Jangareddygudem respectively. As no orders thereon have been passed, the petitioner filed the present writ petition praying to direct the respondents to consider and pass appropriate orders on the applications in accordance with law. Respondent No.2, namely the Board of Intermediate Education, did not file counter. However, the learned Standing Counsel representing them submitted that as per the procedure governing grant of permission for establishment of colleges, notification will be issued by respondent No.2 calling for applications for establishment of colleges at the places mentioned therein, which is issued after considering the viability and need of establishing the college. The applications received in response thereto will be processed and recommended to respondent No.1-Government, for grant of permission or otherwise. Thereupon, respondent No.1-Government will take a decision on the recommendation as to whether to grant permission for establishment of colleges or not. She submitted that notification dated 18.03.2010 was issued by respondent No.2 calling for applications for establishing colleges at six places in West Godavari District. The petitioner applied for four places, and except Tadepalligudem, the three other places for which the petitioner submitted applications are not covered by the notification. The establishment of colleges at Palakol, Tanuku and Jangareddygudem, is not viable, and therefore, they did not issue any notification. At any rate, the applications submitted by the petitioner to respondent No.1-Government, which were forwarded to them, were considered, and even though the places, namely Palakol, Tanuku and Jangareddygudem, for which the petitioner submitted applications, are not covered by the notification, yet they considered the viability of establishing colleges at the said places, and having found that establishment of colleges at the said place is not viable, rejected the said applications of the petitioner. She further submitted that the power to examine the viability and necessity of establishing colleges, is vested in respondent No.2, and respondent No.2 having considered the viability, in its wisdom felt that there is no need to establish colleges Palakol, Tanuku and Jangareddygudem, and no exception can be taken thereto. The learned Government Pleader for Higher Education appearing on behalf of respondent No.1-Government submitted that as per the provisions of Section 18 read with Section 20 of the A.P. Education Act, 1982 the State Government is the ultimate authority to decide the necessity of establishing a college in a particular area. The petitioner submitted applications for grant of permission for establishment of colleges at four places, of which only one, namely Jangareddygudem was notified by respondent No.2. Upon receipt of the said applications from the petitioner, the Hon’ble Minister for Secondary Education, on the applications for establishment of colleges at Tadepalligudem and Jangareddygudemn, made an endorsement to respondent No.2 “to consider the request of the petitioner and take necessary action”, while on the applications with respect to Palakol, he made an endorsement “to consider the request and send proposals to the Government immediately”, and in respect of application relating to Tanuku, he made an endorsement “to consider the request of the petitioner and circulate the file immediately”. He submitted respondent No.2, upon considering the viability of establishing the colleges, has to submit his recommendations to respondent No.1-Government, and it is for respondent No.1- Government to take necessary action. The learned counsel for the petitioner relying on the Full Bench judgment of this Court in Society of St’Anns v. Secretary to Government, Education Department, Hyderabad[1], submitted it is respondent No.1-Government that has to examine the need of establishing a college in a locality and grant permission for establishment of college, and respondent No.2, being a creature of the statute, created by the State in exercise of its legislative power, cannot contend to have more powers than the State and withhold the applications for grant of permission or reject the permissions. While the present writ petition is pending, M/s. Ramya Restaurant and Bar, Palakol, and one other person, filed application in W.P.M.P. No. 29579 of 2010 praying to implead them as party- respondents to the writ petition, contending that since the last ten years, they are running the Restaurant and Bar in the building in question at Palakol, where the petitioner intends to establish a college, and if the respondents grant permission to the petitioner to establish a college at Palakol, and if the petitioner establishes a college at the place where the petitioner is running the Restaurant and Bar, then there is every possibility of the petitioner’s licence being cancelled, because running of Bar and Restaurant within a 100 metre distance from an educational institution, is prohibited under the provisions of the A.P. Excise Act and the Rules made thereunder. Heard the learned counsel for the petitioner, the learned Government Pleader for Higher Education for respondent No.1- Government, the learned Standing Counsel for respondent No.2-Board of Intermediate and the learned counsel for respondent No.3, and having regard to the facts and circumstances of the case, all of them agreed to the disposal of the writ petition with the following directions: Respondent No.1 is directed to consider and dispose of the applications filed by the petitioner for grant of permission for establishment of junior college at Palakol, Tanuku, Tadepalligudem and Jangareddygudem, by calling for report from respondent No.2- Board of Intermediate and in the light of the judgment of the Full Bench of this Court in Society of St’ Anns v. Secretary to Government, Education Department, Hyderabad, wherein it was held that it is for the Government to decide whether there is any need to establish an educational institution in a particular locality. Before considering the applications of the petitioner for grant of permission for establishment of junior colleges, and passing appropriate orders thereon, respondent No.1-Government, shall consider the objections, if any, to be filed by respondent No.3-Restaurant and Bar. The above exercise shall be completed expeditiously. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 29th September, 2010 KSR [1] 1993 (2) ALT 610