IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17933 of 2001 Between: Patluri Educational Society, Rep. by its Secretary, P. Jagadishwar, Regd.No.3550/2001, S/o. Shivaqlingappa, H.No.3-36, Keshampet, Kothapeta Mandal, Mahabubnagar District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by its Secretary, Higher Education (CA III) Department, Secretariat, Hyderabad. 2 Secretary, Board of Intermediate Education, Andhra Pradesh at Hyderabad. 3 Regional Inspecting Officer, Board of Intermediate Education, Kurnool. 4 Ishwarya Educational Society, Rep. by its Secretary, Shadnagar, Mahabubnagar District. .....RESPONDENT(S) 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 to issue Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 1st Respondent in according permission for opening of private Junior College to 4th Respondent KOthapet Village, at Keshampet Mandal in Mahabubnagar District vide G.O.Ms.NO.81 dated 20-8-2001 as arbitrary and illegal and contrary to the rules and consequently please to direct the Respondent 1 and 2 to accord permission to the Petitioner for opening Private Junior College as the Petitioner is alone eligible application fulfilling all the requirements as per rules and pleased to pass Counsel for the Petitioner:MR.VIJAY KUMAR HEROOR Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17933 of 2001 ORDER: When the matter has been taken up for hearing on 15-04-2008, none appeared for the petitioner and therefore, the matter was posted “for dismissal” today. This writ petition has been filed seeking a Writ of Mandamus declaring the action of the 1st respondent in according permission to the 4th respondent for opening of private Junior College at Kothapet Village, Keshampet Mandal, Mahabubnagar District, as illegal and arbitrary. A counter has been filed stating that three applications have been received for opening of private Junior College. Among them, the 4th has provided better accommodation and therefore, the 1st respondent accorded permission to the 4th respondent for opening of private Junior College. Therefore, it cannot be said that the selection and approval of the 4th respondent is contrary to G.O.Ms.No.35, dated 24-05-2001. In view of the aforesaid facts and circumstances of the case, I do not see any merit in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 21-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{PRASAD}