IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE K.C. BHANU W.P. Nos. 25757, 26425, 26429, 26497, 26586, 26613, 26614, 26726, 26825, 27041, 27048, 27137, 27247 and 27372 of 2003; W.P.Nos. 413, 503, 1721 of 2004 AND W.A. Nos. 1406, 1469 and 1773 of 2004. WRIT PETITION NO : 25757 of 2003 Between: Chandramma Educational Society, rep. by its President Ch. Malla Reddy, S/o. Ch. Malla Reddy, R/o. Jayanagar Colony, Bowenpally, Secunderabad. ... PETITIONER AND 1. Government of A.P., rep. by its Principal Secretary, Higher Education Department, Secretariat Buildings, Saifabad, Hyderabad. 2. Commissioner for Technical Education, Govt. of A.P., Hyderabad. 3 All Indian Council for Technical Education, Rep. by its Secretary, Indira Gandhi Sports Complex, I.P. Estate, New Delhi. .RESPONDENTS 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 issue a Writ, order, direction more particularly one in the nature of writ of Mandamus declaring the policy decision issued by the 1st respondent by Memo No. 8972/EC.2/2003-1, dated 13-10-2003 and in particular the fixation of the date as 16-8-2002 for completion of construction as being illegal, arbitrary, unconstitutional and consequently direct the respondents to permit the petitioner to start an Engineering College for the academic year 2004-2005. Counsel for the Petitioner:MR.S.NIRANJAN REDDY Counsel for the Respondent No.3: MR.S.SATYANARAYANA PRASAD Counsel for the Respondent Nos.1 and 2: GP FOR HIGHER EDUCATION FOR R1 & 2 WRIT PETITION NO : 26425 of 2003 Between: 1. Pharma-Care Educational Society, Redg.No.1452/2003 at 1-8-79, Balasamudram, Hanamkonda, Warangal District, rep. by its Correspondent, D.Sudheer Kumar, S/o Vasudeva Rao, aged 37 years, R/o 1-8-79, Balasamudram, Hanamkonda, Warangal District. 2. Care College of Pharmacy at Oglapur Village, Atmakur Mandal, Warangal District, rep. by its Correspondent, D.Sudheer Kumar, S/o Vasudeva Rao, aged 37 years R/o 1-8-79, Balasamudram. .. PETITIONERS AND 1. Govt. of A.P. Rep. by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad. 2. Commissioner of Technical Education, Govt. of A.P. at Hyderabad. 3. All India Council for Technical Education, Indira Gandhi Sports Complex, I.P. Estate, New Delhi 110002, rep. by its Member Secretary. 4. Blue Bird Education Society at 3-1-490, Raipura Village, Hanamkonda, Warangal District rep. by its Correspondent .RESPONDENTS 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 issue a Writ of Mandamus, or any other appropriate Writ, Order or direction, declaring the action of the respondents 1 and 2 in not issuing No Objection Certificates to the petitioners as illegal, arbitrary and contrary to the provisions of AICTE Act by directing the 1st respondent to issue NO Objection Certificate to the petitioners and consequently direct the 3rd respondent to consider the application of the petitioners for establishing 2nd petitioner college along with the 4th respondent college for establishing a College of Pharmacy without insisting for production of No Objection Certificate from the 1st respondent. Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondents 1 & 2: GP FOR EDUCATION Counsel for the respondent No.3: Mr. S.S. Prasad Counsel for the respondent No.4: Mr. M.M.Firdos WRIT PETITION NO : 26429 of 2003 Between: 1. Sri Shiridi Sai Educational Society, rep by its Coresspondent, R.Narasimha Reddy, Nallabelly Village and Mandal Warangal Distrcit, s/o Malla Reddy, Nallabelly Village & Mandal Warangal District 2. Arabindo College of Pharmaceutical Sciences, rep by its Correspondent, R.Narasimha Reddy s/o Malla Reddy, Machapur Village, Gesugonda Mandal, warangal District, r/o Nallabelly Village & Mandal, Warangal District .. PETITIONERS AND 1. The Government of AP, rep by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad 2. Commissioner of Technical Education Govt. of AP, at Hyderabad 3 All India Council for Technical Education, Indira Gandhi Sports Complex, I.P. Estate, New Delhi 110 002, rep by its Member Secretary. 4. Blue Bird Education Society at 3-1-490, Raipur Village, Hanumakonda, Warangal, rep by its Correspondent .RESPONDENTS 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 issue a writ of mandamus, or any appropriate writ, order or direction, declaring the action of the respondents 1 and 2 in not issuing No Objection Certificates to the petitioner as illegal, arbitrary and contrary to the provisions of AICTE Act by directing the 1st respondent to issue No Objection Certificates to the petitioners and consequently direct the 3rd respondent to consider the application of the petitioners for establishing 2nd petitioner college along with the 4th respondent college for establishing a college of Pharmacy without insisting for production of No Objection certificate from the 1st respondent. Counsel for the Petitioner: MR.K.RAGHUVEER REDDY Counsel for the Respondents 1 & 2: GP FOR EDUCATION Counsel for the respondent No.3: Mr. S.S. Prasad Counsel for the respondent No.4: Mr. M.M.Firdos WRIT PETITION NO : 26497 of 2003 Between: Johnson Educational Society, Yellapur, Hasanparthy Mandal, Warangal represented by its President, Ch.Devender Reddy, S/o.Raji Reddy, Hanamkonda, Warangal District. ... PETITIONER AND 1. Government of Andhra Pradesh, Department of Higher Education Department, represented by its Principal Secretary, Secretariat buildings, Saifabad, Hyderabad 2. The Commissioner of Technical Education, Government of Andhra Pradesh, BRKR Bhavan, Hyderabad 3. All India Council for Technical Education, represented by its Secretary, Indira Gandhi Sports Complex, I.P. Estate, New Delhi 110 002, 4. Blue Bird Educational Society, represented by its Secretary, Mr.Zakir Hussain, Residing at H.No.3-1-490, Raipura, Hanamkonda, Warangal. .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ of mandamus, or any appropriate writ, order or direction, declaring the Memo No.8972-D/E.C.2/2003-1, dated 13-12-2003 of the 1st respondent as illegal, arbitrary, illegal, without jurisdiction and unconstitutional and violative of fundamental principles of natural justice consequently direct the respondents to issue permission to the petitioner for starting Saint John College of Pharmacy at Yellapur, Hasanparthy Mandal, Warangal District, for the academic year 2004-05. Counsel for the Petitioner:MR.KOKA RAGHAVA RAO Counsel for the Respondent Nos.1 & 2: GP FOR HIGHER EDUCATION Counsel for the respondent No.3: Mr. S.S. Prasad Counsel for the respondent No.4: Mr. M.M.Firdos WRIT PETITION NO : 26586 of 2003 Between: 1. Viswambhara Educational Society, (Reg. No.1305 of 1993) at 2-2-45/3, Ramnagar, Hanamkonda, Warangal District, rep. by its Chairman, C. Janga Reddy. 2. Vaagdevi Institute of Pharmaceutical Sciences, Bollikunta, Warangal District, rep. by its Chairman C. Janga Reddy. . .PETITIONERS AND 1. Government of Andhra Pradesh,Rep.by its Principal Secreatary Higher Education Department, at Secretariat, Hyderabad. 2. Commissioner of Technical Education, Government of Andhra Pradesh at Hyderabad. 3. All India Council for Technical Education, Indira Gandhi Sports Complex, I.P. Estate, New Delhi, rep. by its Member Secretary. 4. Blue Bird Education Society, at 3-1-490, Raipura Village, Hanamkonda, Warangal District rep. by its Correspondent. .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction declaring the action of the Respondents No. 1 & 2 in not issuing No Objection Certificates to the petitioners, as illegal, arbitrary and contrary to the provisions of AICTE Act by directing the first respondent to issue No Objection Certificate to the petitioners and to consequently direct the third respondent to consider the application of the petitioners for establishing 2nd petitioner college along with the fourth respondent college for establishing a College of Pharmacy without insisting for production of No Objection Certificate from the first respondent; Award costs Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondents 1 and 2: GP FOR EDUCATION Counsel for the respondent No.3: Mr. S.S. Prasad Counsel for the respondent No.4: Mr. M.M.Firdos WRIT PETITION NO : 26613 of 2003 Between: 1. Vagdevi Education Society, C/o Jayanthi Gurukulam Near Milk Factory, Gurajala Post & Mandal, Guntur District, rep. by its Secretary H.Nagendram. 2. H.Nagendram, s/o Venkatappaiah, R/o Gurazala Post and Mandal, Guntur District. .. PETITIONERS AND 1. Government of A.P., Department of Higher Education rep. by its Principal Secretary, Secretariat, Saifabad, Hyderabad. 2. Commissioner of Technical Education, Government of A.P. BRKR Bhavan, 7th Floor, Hyderabad. 3. All India Council for Technical Education rep.by its Secretary, Indira Gandhi Sports Complex, I.P.Estate, New Delhi - 110002. .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in recommending to the 3rd respondent the rejection of the petitioners application for issuance of an NOC for starting a college of Pharmacy at Gangavaram Village, Gurajala Post & Mandal, Guntur District on the basis of its Memo No.8972-D/EC/2-2003-1 dated 13-12-2003 as being arbitrary, illegal and unconstitutional and further declare the consequential action of the 3rd respondent in not processing and considering the petitioners application for starting the said college as being illegal, arbitrary and unconstitutional apart from ultra vires the AICTE Act, 1987 and the Regulations made thereunder and consequently direct the respondents to grant approval to the petitioner for starting the said college of pharmacy at Gangavaram Village, Gurjala post and Mandal, Guntur District. Counsel for the Petitioner:MR.C.V.MOHAN REDDY Counsel for the Respondents: GP FOR EDUCATION WRIT PETITION NO : 26614 of 2003 Between: 1. Jehovah Jireh Society, 6-816/2, Khairatabad, Hyderabad, 1st floor, Plot No.115, Vysya Bank Building Beside Center, point hotel, Manovikas Nagar, Secunderabad rep.by its Secretary P.Suvarchala sasikiran 2. P.Suvarchalasasikiran, D/o.P.Potharaju, R/o.Hyderabad, . PETITIONERS AND 1. Government of A.P., Department of Higher Education, rep. by its Principal Secretary, Secretarait,Saifabad, Hyderabad. 2. Commissioner of Technical Education, Government of A.P., BRKR Bhavan, 7th floor, Hyderabad. 3. All India Council for Technical Education, rep. by its Secretary, Indira Gandhi Sports Complex, I.P.Estate, New Delhi 110002. .RESPONDENTS 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 issue a writ, order or direction more particularly one in the nature o writ of mandamus declaring the action of the 1st respondent in recommending to the 3rd respondent the rejection of the petitioners application or issuance of an NOC for starting a college o Pharmacy at Maheswaram village R.R.District on the basis of its Memo No.8972-D/EC.2/2003-1 dated 13.12.2003 as being arbitrary, illegal and unconstitutional and further declare the consequential action o the 3rd respondent in not processing and considering the petitioners application or starting the said college as being illegal, arbitrary and unconstitutional apart from ultra vires the AICTE Act, 1987 and the Regulations made thereunder and consequently direct the respondents to grant approval to the petitioner or starting the said college o pharmacy at Maheshwaram village, R.R.district. Counsel for the Petitioner:MR.C.V.MOHAN REDDY Counsel for the Respondents : GP FOR HIGHER EDUCATION WRIT PETITION NO : 26726 of 2003 Between: 1. Hyndhavi Educational Society, 1-10-79/1, Mirrakunz, Grain Market Road, Jangaon, Warangal District, rep.by its Correspondent, E.Prabhakar Reddy. 2. Vidya Bharathi Institute of Pharmacy (Degree), Pembarthi Village, Jangaon Mandal, Warangal District rep.by its Correspondent, E.Prabhakar Reddy. .. PETITIONERS AND 1. Government of Andhra Pradesh rep. by its Principal Secretary, Higher Education Department, at Secretariat, Hyderabad. 2. Commissioner of Technical Education, Government of Andhra Pradesh at Hyderabad. 3. All India Council for Technical Education, Indira Gandhi Sports Complex, I.P.Estate, New Delhi rep.by its Member Secretary. 4. Vikas College of Pharmacy, Shamirpet Village, Jangaon Mandal, Warangal District rep.by its Correspondent. .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction declaring the action of the respondents No.1 & 2 in not issuing No Objection Certificates to the petitioners, as illegal, arbitrary and contrary to the provisions of AICTE Act by directing the first respondent to issue No Objection Certificate to the petitioners and to consequently direct the third respondent to consider the application of the petitioners for establishing 2nd petitioner college along with the fourth respondent college for establishing a college of Pharmacy without insisting for production of No Objection Certificate from the first respondent; Award Costs Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondents 1 AND 2: GP FOR EDUCATION Counsel for the respondent No.3: Mr. S.S. Prasad Counsel for the respondent No.4: Mr. M.M.Firdos WRIT PETITION NO : 26865 of 2003 Between: Ya Fatima Educational Society, 6-3-1099/1/6/A, Fatima Complex, Somajiguda, Raj Bhavan Road, Hyderabad rep., by Chairman/Correspondent Dr s. Askari Hasan. ..... PETITIONER AND 1 Government of A.P, rep. by its Principal Secretary, Higher Education Dept, Secretariat Buildings, Saifabad, Hyderabad. 2 All Indian Council for Technical Education, Rep. by its Secretary, Indira Gandhi Sports Complex, I.P.Estate, New Delhi. 3 Commissioner for Technical Education, Govt. of A.P, Hyderabad .....RESPONDENTS. Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order, declaring the action of the respondents 1 and 2 in rejecting a no objection certificate to the petitioner on the basis of its Memo dated 13-10-2003 and 13-12-2003 as being illegal, arbitrary and unconstitutional and further declare the action of the 3rd respondent in not processing the petitioner's application on the basis of such recommendation of the State Government as being arbitrary, unconstitutional and contrary to the AICTE Act and Regulations and consequently direct the respondents to grant permission to the petitioner for starting College of Engineering at Shankarpally Road, Gollapally Village, Chevella Mandal, Ranga Reddy District without reference to the recommendation of the State Government based on its Memo dated 13-10-2003 and 13-12-2003. Counsel for the Petitioner: MR.S.NIRANJAN REDDY Counsel for the Respondents 1 & 3: GP FOR HIGHER EDUCATION Counsel for the respondent No.2: Mr. S.S. Prasad. WRIT PETITION NO : 27041 of 2003 Between: Lakkakula Educational Society (Regn.No.1202/1986) 12-11-100, Namalagundu, Seethaphalmandi, Secunderabad -61, rep.by its Secretary, Dr.Suryaprakasa Rao. ..... PETITIONER AND 1 The State of Andhra Pradesh rep.by its Principal Secretary to Government, Higher Education Department, Secretariat Buildings, Hyderabad. 2 The All India Council for Technical Education, I.P.Estate, New Delhi. 3 The Commissioner of Technical Education, Andhra Pradesh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to for the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to declare the policy of the 1st respondent in regard to issuance of No Objection Certificates for establishment of Pharmacy Colleges for the academic year 2004-2005 as communicated vide impugned Memo No.8972/EC.2/2003-1 dated 13-10-2003 and further modified vide impugned proceeding 8972-D/EC.2/2003-1 dated 13-12-2003 including the consequential rejection of No Objection Certificate to the petitioner by the 1st respondent as contained in the impugned proceeding dated 14-12-2003 as arbitrary, illegal and irrational, offending Article 14 of the Constitution of India by way of issuance of a Writ, Order or direction, one more particularly in the nature of Writ of Mandamus and issue a consequential direction to the respondents to grant NOC and approval to the petitioners proposal made vide application No.101 dated 15-10-2003 for the academic year 2004-2005. Counsel for the Petitioner: MR.B.VIJAYA BHASKER Counsel for the Respondents 1 & 3: GP FOR HIGHER EDUCATION Counsel for the respondent No.2: Mr. S.S. Prasad WRIT PETITION NO : 27048 of 2003 Between: Don Bosco Education Society (Regn.NO.6301/2000) 5th Mile, Pulladigunta, Kornepadu Village, Vatticherukuru Mandal, Guntur. ... PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Prl.Secretary to Govt., Higher Education Department, Secretariat Buildings, Hyderabad. 2. The All India Council for Technical Education, I.P.Estate, New Delhi. 3. The Commissioner of Technical Education, Andhra Pradesh, Hyderabad. .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to declare action of the 1st respondent in modifying the policy in regard to issuance of No objection certificates for pharmacy Colleges for the academic year 2004-2005 vide impugned proceedings 8972-D/EC.2/2003-1 dated 13-12- 03 and the consequential rejection of the NOC to the petitioner society for establishment of a Pharmacy College in the name and style of DON Bosco PG College, Vatticheruku Mandal, Guntur Dist. Vide impugned proceeding dt.14-12- 2003 addressed by the 1st respondent to the 2nd respondent as arbitrary, illegal and irrational, offending Article 14 of the Constitution of India by way of issuance of a writ, order or direction, one more particularly in the nature of writ of Mandamus and issue a consequential direction to the respondents to grant NOC and approval to the proposal made by the petitioner vide the application No.130 for establishment of a pharmacy College for the academic year 2004- 2005. Counsel for the Petitioner:MR.S.SRI RAM Counsel for the Respondents 1 & 3 : GP FOR HIGHER EDUCATION Counsel for the respondent No.2: Mr. S.S. Prasad WRIT PETITION NO : 27137 of 2003 Between: Kakumani Educational Society (Regn.No.40/2002) 4/11, Bazaar Street, Puttur-517583, Chittoor Dist. ... PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary to Govt., Higher Education Dept., Secretariat Buildings, Hyderabad. 2. The All India Council for Technical Education, I.P.Estate, New Delhi. 3. The Commissioner of Technical Education, Andhra Pradesh,Hyderabad. 4. Sri Vidyaniketan Educatonal Trust, Sri Sainath Nagar,A.Rangampet,Near Tirupati, Chandragiri Mandal, Chittoor Dist. .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare the policy decision of the 1st respondent in regard to issuance of No Objection Certificates for pharmacy Colleges for the academic year 2004-2005 as contained in the impugned proceeding 8972-D/EC.2/2003-1 dated 13-12-2003 and the consequential rejection of No objection Certificate to the petitioner society for establishment of a pharmacy College in the name and style of KKC Institute of pharmacy, Puttur vide impugned proceeding No.8972D/EC.2 dt.14-12-2003 addressed by the 1st respondent to the 2nd respondent, or in the alternative declare the issuance of No objection certificate by the 1st respondent for setting up a College of Pharmacy to the 4th respondent vide impugned proceedings No.8972/EC.2/2003-2 dt.14-12-2003 as arbitrary, illegal and irrational, offending Article 14 of the Constitution of India and issue a consequential direction to the respondents to grant No objection certificate and approval to the proposal made by the petitioner for establishment of a pharmacy College in Puttur vide the application No.0012 on and from the academic year 2004-2005 India by way of a writ, order or direction one more particularly in the nature of writ of Mandamus. Counsel for the Petitioner:MR.S.SRI RAM Counsel for the Respondents 1 & 3 : GP FOR HIGHER EDUCATION Counsel for the respondent No.2: Mr. S.S. Prasad Counsel for the respondent No.4: Mr. V. Krishna Mohan WRIT PETITION NO : 27247 of 2003 Between: 1. Raja Bahadur Venkata Rama Reddy Hostel Society Regd.No.17/56F rep.by its Secretary Hanuman Tekdi, Abids, Hyderabad. 2. G.Ramachandra Reddy, S/o. Late Shanker Reddy, R/o. Hyderabad. .. PETITIONERS AND 1. All India Council for Technical Education, rep. by its Secretary, Indira Gandhi Sports Complex, I.P.Estate, New Delhi-110002. 2. All India Council for Technical Education Southern, Region office, Shastri Bhavan, 26 Haddows Road, Nungambakkam, Chennai-600006. 3. Government of A.P., Department of Higher Education, rep. by its Principal Secretary, Secretariat, Saifabad, Hyderabad. 4. The Commissioner of Technical Education, Government of A.P., BRKR Bhavan, 7th Floor Hyderabad. .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 and 2 in issuing a notification and stating that they would not consider applications not recommended by the 3rd respondents and in not processing and considering the petitioner's application on the basis of said stipulation in the notification as being illegal, arbitrary, unconstitutional and contrary to the provisions of the AICTE Act and the Regulations made thereunder and consequently direct the respondents to grant permission to the petitioner to start an MBA College at its premises Hanuman Tekdi, Abids, Hyderabad for the academic year 2004-2005. Counsel for the Petitioner:MR.S.NIRANJAN REDDY Counsel for the Respondents 1, 3 & 4: G.P. FOR HIGHER EDUCATION Counsel for respondent No.2: MR.S.S.PRASAD WRIT PETITION NO : 27372 of 2003 Between: Sri Venkata Krishna Educational Society Regd. No. 150/82, rep by its Secretary Chitturi Subbara Rao, Pervalli Road, Old Town Tanuku, West Godavari District 534211 ... PETITIONER AND 1. The Commissioner of Tech. Education, 6th floor, D Block, BRKR Government Offices Complex, Hyderabad 2. All India Council for Tech. Education, Indira Gandhi Sports Complex, I.P Estate, New Delhi-110002. 3. Regional Officer, Southern Regional Officer, Southern Regional Officer, All India Council for Technical Education, Sastri Bhavan, Haddows Rd., Chennai 4. Government of Andhra Pradesh (Department of Technical Education), rep by its Principles Secretary, Higher Education, Secretariat, Hyderabad .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ of Mandamus or any other appropriate order or direction declaring the proceedings no. E2/23565/2003 dated 20-10-2003 and Memo No. 8972-D/EC.2/2003-1 dated 13-12-2003 as arbitrary, illegal, Unreasonable, unconstitutional and violative of Articles 14 and 19 (1) (g) of the Constitution of India and grant such other relief or reliefs as deemed fit in the circumstances of the case and in the interest of justice. Counsel for the Petitioner:MR.K.RAGHAVA CHARYULU Counsel for the Respondents 1, 3 & 4: G.P. for Higher Education Counsel for the respondent No.2: MR.S.S.PRASAD WRIT PETITION NO : 413 of 2004 Between: St. Mary's Educational Society ( Regn.No. 111916/1981) Plot No. 181, Road No.15, Jubilee Hills, Hyderabad - 500 003, rep. by its Secretary Smt. Y. Mary. ... PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Higher Education Department, Secretariat Buildings, Hyderabad. 2. The All India Council for Technical Education, I.P. Estate, New Delhi. 3. The Commissioner of Technical Education, Andhra Pradesh, Hyderabad. .RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to policy of the 1st respondent in regard to issuance of NOC for new MBA and MCA Colleges for the academic year 2004-2005 by impugned proceeding No. 8972/EC.2/2003-1 dated 13-10- 2003 as communicated by the respondent No.1 to the 3rd respondent, the rejection of NOC by the 1st respondent to the proposal submitted by the petitioner in pursuance of the said policy and the consequential rejection of petitioner's application for establishment of MBA College in the name and style of name and style of St' Mary's College, 8-3-229, Yousufguda, Hyderabad by the 2nd respondent vide impugned proceeding No. AP/MBA- 065/2004-05/2003/448 dated 30-12-2003 as arbitrary and illegal offending Article 14 of the Constitution of India by way of issuance of a writ, order or direction, one more particularly in the nature of Writ of Mandamus and consequently direct the 2nd respondent to grant approval to the proposal of the petitioner for establishment of an MBA College in the name and style of St' Mary's College 8-3-229, Yousufguda, Hyderabad on and from the academic year 2004-2005. Counsel for the Petitioner:MR.S.SRI RAM Counsel for the Respondents 1 & 3 : GP FOR SCHOOL EDUCATION Counsel for the respondent No.2: Mr. S.S. Prasad WRIT PETITION NO : 503 of 2004 Between: Niraj Zorastrian Educational Society (Regd.No.5948/1999), Uma