THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.21249 OF 2007 BETWEEN: The Mineni Foundations, rep. By its Chairman, K.Srinivasa Rao ..Petitioner Vs. The Secretary, A.P. State Counsel of Higher Education, Hyderabad ..Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.21249 OF 2007 ORAL ORDER By a representation dated.20-05-2007 the petitioner applied to the respondent to establish a Degree College in Repalle Town, Guntur District. By a notification published on 18-01-2007 the A.P. State Council of Higher Education notified Amarthalur, Rentachintala, Tadepalli, and Tsunduru Mandals in Guntur district for which applications are invited from Registered Educational Institutions or Colleges for starting new private unaided degree courses, undergraduate and post-graduate courses during the academic year 2007-08. As the petitioner wanted to start an educational institution in Repalle which was not one of the notified Mandals, qua this notification, he submitted an application. That application was not being considered is the reason the writ petition is filed. On behalf of the respondent a counter-affidavit is filed wherein the relevant statistics are provided in respect of Repalle Mandal, comprising five areas of Repalle, Cherukupalli, Nizampatnam, Bhattiprolu and Nagaram. The statistics show that there are 13 junior colleges in the Mandal with a total pass out of candidates in 2005 at 1897. There are 10 Degree Colleges, one Government and nine in the private sector with an intake 4,510 for the academic year 2005 and with an admitted strength of 1546. Therefore there is no justification for granting permission for establishing another Degree college, as the existing 10 Degree Colleges are not having sufficient intake to make them viable, is the contention. The learned counsel for the petitioner on considering the assertions in the counter-affidavit concedes that the action of the respondent in declining permission or in according permission on the petitioner’s application suffers from no infirmity warranting interference. The writ petition is accordingly dismissed. No order as to costs. _________________ GODA RAGHURAM,J 7th FEBRUARY, 2008 *TSNR/PVSN