THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.22643 OF 2003 Dated 8th October, 2009 Between: Sri Saraswathi Vidyalam Junior College …Petitioner And A.P.Transco rep. By its Managing Director And another …Respondents The Court made the following O R D E R: In this writ petition, the petitioner seeks a writ of Mandamus to declare the proceedings dated 14.10.2003 issued by the Superintending Engineer, A.P.Transco, Kadapa-the second respondent, whereby the petitioner was directed to pay an amount of Rs.17,150/- towards advance caution deposit, without considering its request, for change of category as illegal and arbitrary. It sought for a consequential direction to the respondents to change its service connection from Category-II to Category-VII. The petitioner claims to be a recognized educational institution functioning from the year 1980 and receiving grant in aid from 1990. The case of the petitioner is that being an educational institution, the electricity consumption charges of it are to be charged under Category- VII, but its service connection was inadvertently shown under Category-II instead of Category-VII. As per the terms and conditions of supply framed under the Electricity Act, the educational institutions which are run by the societies registered under the Societies Registration Act and for public purpose on no profit basis have to be categorised under Category-VII as per the directions issued by the Andhra Pradesh Electricity Regulatory Commission and the petitioner made a representation to the respondents requesting to convert its service connection from Category-II to Category-VII. When its representation was not considered by the respondents, it approached this Court by filing W.P.No.17979 of 2003. This Court disposed of the said writ petition, by order dated 28.08.2003, directing the respondents to consider the case of the petitioner for conversion of its service connection from Category-II to Category-VII. Respondent No.2, in compliance with the said directions of this Court, considered the representation of the petitioner and issued letter dated 18.09.2003, stating that since the petitioner has not complied with certain guidelines such as production of the society registration certificate; income tax exemption certificate under Section 80-G of the Income Tax Act; certificate from a licensed Chartered Accountant to show that the institution is being run on no profit basis etc., its request for change of category was negatived and the petitioner may put up application for change of category after fulfilment of the above said conditions by duly enclosing the required documents for examination along with the application. The petitioner, it appears, filed another letter dated 22.09.2003 requesting for conversion of category. Respondent No.2 issued the impugned proceedings reiterating their stand as indicated in the letter dated 18.09.2003 and also instructing the petitioner to pay advance caution deposit of Rs.17,150/-. Hence, this writ petition. The learned counsel for the petitioner submitted that similarly placed institutions were categorised under Category-VII, in that view of the matter, there is no reason or justification for the respondents in not considering the request of the petitioner and insisting the petitioner to comply with the conditions mentioned in letter dated 18.09.2003. It is to be noted that as per the directions of the Andhra Pradesh Regulatory Electricity Commission, the societies which run the institutions on no profit basis alone are entitled to be categorised under Category-VII and to know whether an institution is being run on no profit basis or not, certain conditions have to be complied with by such institution. When the petitioner applied for change of category of its service connection, the respondents have issued letter dated 18.09.2003, asking the petitioner to put up application along with relevant material to examine the claim of the petitioner that the institution is being run on no profit basis for change of its service connection from Category-II to Category-VII. Without complying with the said condition, the petitioner addressed another letter to the respondents. By the impugned proceedings, the respondents have reiterated their earlier stand. Merely because some other institutions were categorised under Category-VII is no ground to consider the request of the petitioner for change of the category without even examining its claim that it is being run on no profit basis. When the petitioner claims for change of its service connection from Category-II to Category-VII, it has to place the relevant material before the respondents to enable them to consider its request. Without complying with the conditions as required by the respondents, the petitioner cannot seek any conversion. Therefore, I do not find any illegality in the impugned proceedings. The writ petition is devoid of merits and is, accordingly, dismissed. However, it is made clear that if the petitioner complies with the conditions, which are required to be satisfied, by placing sufficient material before the respondents, this order will not preclude the respondents to consider the request of the petitioner for change of category. No order as to costs. ____________________ R.SUBHASH REDDY, J Dated 8th October, 2009 vrn