IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3059 of 2001 Between: 1 Andhra Evangelical Lutheran Church Rep. by its President Guntur 2 Andhra Christian College of Law Rep. by its Executive Council Guntur 3 A.C. College of Law Staff Association Rep. by its Secretary Guntur ..... PETITIONER(S) AND 1 State of Andhra Pradesh Rep. by its Principal Secretary to Government Higher Education Department, Secretariat, Saifabad, Hyderabad. 2 The Commissioner of Collegiate Education Andhra Pradesh, Hyderabad. .....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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring as illegal and arbitrary the action of the Respondents in not granting aid to Andhra Christian College to Law, Guntur established by the 1st Petitioner on grounds that Professional Colleges are not entitled to grant-in-aid as per the provisions of Act 1 of 1982 and A.P. Private Educational Institutions Grant-in-Aid (Regulation) Act, 1988 (Act 22 of 1988) and issue a consequential direction to the Respondents to consider admission of Andhra Christian College of Law, Guntur to grant-in-aid as per the provisions of Act 22 of 1988 and pass Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.3059 of 2001 ORDER This writ petition is filed seeking a declaration that the action of the respondents in not granting aid to the 2nd petitioner-Andhra Christian College of Law, Guntur on the ground that the professional Colleges are not entitled to grant-in-aid as per the provisions of the A.P. Private Educational Institutions Grant-in-Aid (Regulation) Act, 1988 ( for short “Act 22/88”) as arbitrary and illegal. The petitioners also seek a consequential direction to the respondents to consider admission of Andhra Christian College of Law, Guntur to grant-in-aid as per the provisions of the Act 22/88. I have heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for the respondents and perused the material on record. Initially an application was made on behalf of the 2nd petitioner- College for admission into grant-in-aid and the same was rejected by the 2nd respondent-Commissioner of Collegiate Education vide proceedings dated.22-08-1997 observing that as per the A.P. Education Act,1982 and Act 22/88 the professional Colleges were not entitled for grant-in-aid. Though the said order was not challenged by the petitioners, subsequently the Commissioner of Collegiate Education by proceedings dated.20.04.1999 called upon the Correspondents of all the aided Degree, Post-Graduate and Law Colleges to furnish information with regard to un-aided sections/groups existing as on 12-10-1990 which were not admitted into grant-in-aid in the format appended to the said proceedings. Pursuant thereto, necessary information was submitted by the petitioners on 03-05-1999 with a request to sanction the grant-in-aid to the courses which were started before 28-04-1990. However the respondents failed to consider. Hence the present writ petition. In the counter-affidavit filed on behalf of the respondents it is stated that though a proposal was made on 20-04-1999, subsequently the Government vide memo dated.15-02-2000 rejected all the proposal. It is also stated that since the term “Private Educational Institutions” used in Sec.1(2) of the Act 22/88 does not include the Law Colleges, they are not entitled to grant-in-aid and as on today no Law College in the State is granted the benefit of grant-in-aid. However, the learned counsel for the petitioners while placing reliance upon a decision in W.P.No.3592 of 1997 dated.30-11-2000 submitted that having interpreted the relevant statutory provisions it was held by this Court that even the professional Colleges fall within the definition of the A.P. Education Act and for all the practical purposes they should be treated as Colleges and therefore they are entitled for grant-in- aid in accordance with law. In the said decision the contention on behalf of the respondents therein that the Government cannot bear the financial burden if the grant is released to the professional Colleges and that the same would greatly disturb the financial position of the Government was also rejected. In the light of the ratio laid down in the above decision the learned counsel for the petitioners contended that the respondents are bound to consider the request for release of grant-in-aid to the 2nd petitioner-A.C. Law College. It is brought to my notice by the learned Government Pleader that as against the order in W.P.No.3592 of 1997 the State preferred W.A.No.360 of 2001 and the same was disposed of by a Division Bench of this Court by judgment dated.04-07-2008 upholding the view expressed by the learned single Judge but modifying the directions to the extent that the Government shall consider admitting the 3rd respondent- College therein to grant-in-aid as and when a fresh application is made. Having regard to the facts and circumstances and in the light of the legal position clarified by this Court in W.P.No.3592 of 1997, the writ petition is disposed of permitting the petitioners to make an appropriate application for release of grant-in-aid. If any such application is made, the respondents shall consider the same in the light of the principles laid down in W.P.No.3592 of 1997 and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of eight(8) weeks from the date of receipt of such application. No costs. --------------- G.ROHINI,J 4th March 2009 *TSNR