THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 26301 of 2010 O R D E R: Heard the learned counsel for the petitioners, Sri Deepak Bhattacharjee, learned Standing Counsel for the 1st respondent University, Sri K. Ramakanth Reddy, learned Standing Counsel for the 2nd respondent, Sri C. Sudesh Anand, leaned Standing Counsel for A.P. State Council for Higher Education and the learned Government Pleader for Higher Education. This Writ Petition is filed seeking a mandamus to declare the action of the 2nd respondent in preventing admission of students into the 2nd petitioner institution by non-issuance of necessary clarification and further in not taking steps for issuance of affiliation to the 2nd petitioner college for admission of students into M. Pharmacy course, as illegal and arbitrary. The 1st petitioner society has established the 2nd petitioner college for imparting pharmaceutical sciences. On an application being made by the petitioner college, the 2nd respondent – All India Council for Technical Education (AICTE) has granted provisional approval in the month of July 2010, which was kept on web site, whereunder 18 seats for Pharma Chemistry and 18 seats for Pharmaceutics subjects were approved. Subsequently, final orders were also issued on 23.08.2010, approving the intake capacity of 36 seats for M. Pharmacy course. Pursuant to the final approval granted by the AICTE, the writ petitioner college applied to the 1st respondent University to grant provisional affiliation to offer M.Pharmacy course in the 2nd petitioner college for the academic session 2010-11, but the same was rejected by proceedings dated 30.09.2010 solely on the deficiency, which reads as under: “ The AICTE and Govt. sanctioned has been accorded for M. Pharmacy course(s) with an intake (36) but specialization in M. Pharmacy course has not been indicated.” It is the case of the writ petitioners that the provisional approval granted by the 2nd respondent in July 2010 itself had clearly indicated the specializations and in spite of the same, the respondents have refused to consider for grant of affiliation. It is their grievance that in spite of the representation made by the petitioners, no steps are being taken to clarify the proceedings dated 30.09.2010 and on the other hand, the respondents are taking steps for allotment of students for the current academic year 2010-11. In this Writ Petition, the Regional Officer of AICTE has filed an affidavit. In the said affidavit, it is clarified that the final approval granted by the AICTE on 23.08.2010 relates to grant of approval to 2nd petitioner college for starting M. Pharmacy course at P.G. level with intake of 36 i.e. 18 seats in Pharma chemistry and 18 seats in Pharmaceutics. In the light of the affidavit filed on behalf of the 2nd respondent, which is in conformity with the provisional approval, the matter is to be re-considered by the University for grant of affiliation. Inasmuch as the 2nd respondent – AICTE has already clarified by filing an affidavit before this Court, without any further insistence for clarification, the 1st respondent University shall consider for grant offor affiliation and to take further steps for inspection of the petitioner college for allotment of students for the current academic year. For the aforesaid reasons, proceedings No. 979/H/2010/Mphar/Acad-IV-7, of the 1st respondent University dated 30.09.2010, is set aside with a direction to the respondents to forthwith consider the application of the petitioner for grant of affiliation, in the light of the affidavit filed by the 2nd respondent before this Court and also to take further steps for inclusion of the 2nd petitioner college in the list of colleges for allotment of students for the academic year 2010-11. The petitioners shall submit a copy of the affidavit filed by the 2nd respondent along with a copy of this order, to the respondents. Subject to the above directions, the Writ Petition is disposed of. No costs. ---------------------------- (R. SUBHASH REDDY, J) 27th October 2010 Note: Issue CC today. ksld