IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15143 of 2008 Between: Sarva Hitha Educational Society, 1-7-1169, Advocates' Colony, Hanamkonda, Warangal. Rep. by its President A.Madhukar Reddy. ..... PETITIONER AND 1. All India Council for Technical Education, Indira Gandhi Sports Complex, I.P. Estate, New Delhi. Rep. by its Chairman. 2 All India Council for Technical Education, Southern Region, Shastri Bhawan, 26 Haddows Road, Chennai - 600 006. Rep. by its Member Secretary. 3 All India Council for Technical Education, Indira Gandhi Sports Complex, I.P. Estate, New Delhi. Rep. by its Adviser (E&T) 4 The Convenor, EMCET, JNTU, Hyderabad. 5 The Principle Secretary, Higher Education, Government of Andhra Pradesh, 'J' Block, A.P. Secretariat, Hyderabad. 6 The Director of Higher Education, Hyderabad. 7 Andhra Pradesh State Council of Higher Education Hyderabad. Rep. by its Secretary. 8 The Registrar, Jawaharlal Nehru Technological University, Mahaveer Marg, Masab Tank, 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, order or direction, more particularly one in the nature of writ of Mandamus i) declaring the order of the third respondent in F.No.06/05/AP/ENGG/2007 dated 30.6.2008, as arbitrary, illegal and violative of Art. 14 of the Constitution of India and contrary to the Inspection Report dated 29.6.2008; ii) direct the respondent authorities to issue the petitioner society the Letter of Approval for the academic year 2008-09 for starting the Engineering Courses for the branches of Computer Science & Engineering, Electronics & Communication Engineering and Information Technology; and pass such other further order or orders. Counsel for the Petitioner:MR.A.SUDERSHAN REDDY Counsel for the Respondent No.: KUM.C.SINDHU KUMARI The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15143 OF 2008 ORDER: 1. In this writ petition the proceeding dated 30-6-2008 in F.NO. 06/05/AP/ENGG/2007 issued by the All India Council for Technical Education (A statutory Body of the Govt. of India) is assailed by Sarva Hitha Educational Society. 2. The petitioner’s society involved in educational activities and running a High School and a Junior College. It applied for permission for establishing an engineering college for the academic year 2008-09. A committee inspected the premises and submitted a report. Thereupon, All India Council for Technical Education proceeded to issue a proceeding impugned in the writ petition wherein the petitioner has been directed to submit relevant documents for further consideration of the proposal. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the 1st respondent. 4. Learned counsel appearing for the petitioner submits that the area required for establishing engineering course as per Committee Report is 3400 square meters and that requirement has been fully satisfied by the petitioner’s society and therefore, the proceeding impugned in the writ petition is liable to set aside. In a way the learned counsel submits that the 3rd respondent ignored the report of the committee while issuing the proceeding impugned in the writ petition. 5. Learned counsel took me to the report of the committee which is appearing on page NO.20 of the material papers which reads as hereunder:- “The maximum permissible courses permitted for new institutions by AICTE is A, for which the area required is 4300. Since the institute has opted for only 3 courses( CSE,ECE and IT), The total area remained is 4300 minus area remained for workshop for EEE. The college has a built up area of 3887 meteres and the remained area is 4300- 900-3400 m. Hence, the built up area is educated for running 3 courses.” 6. Learned standing counsel appearing for the respondents submits that under the impugned proceeding, the petitioner is required to submit the relevant documents and in which case the petitioner is at liberty to make a representation detailing his grievance. 7. In that view of the matter, I am inclined to dispose of the writ petition directing the petitioner to submit a representation that it intends to start only three courses for which area required is only 3400 square meters. On such representation along with copy of this order, Respondents 1 to 3 shall pass appropriate orders as expeditiously as possible preferably within a week thereafter. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 15th July, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15143 OF 2008 15th July, 2008.