HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 16901 OF 2011 . DATED 20th June, 2011 BETWEEN Jadhav Manik Rao …Petitioner And The Secretary, AP State Council of Higher Edcation, Masab Tank, Hyderabad and ors ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 16901 of 2011 ORDER: The petitioner belongs to Scheduled Tribe community. He established an educational society under the name and style of “Jadhav Udda Naik Educational Welfare Society” and the same was registered under the provisions of the Societies Registration Act vide Registration No. 38 of 2011, dated 27.1.2011 by the Registrar of Societies, Adilabad. It is stated that pursuant to the notification issued by the first respondent on 5.1.2011 inviting applications from the registered educational societies for starting up new un-aided degree colleges from the academic year 2011-2012, the petitioner submitted his application along with all relevant documents to establish a new degree college at Indervelly mandal of Adilabad District, which is a tribal area. It is stated that the petitioner has been granted permission vide proceedings dated 27.5.2011 for establishment of degree college at Indervelly mandal. It is further stated that the fourth respondent, who is a non-tribal, also submitted an application to establish an un-aided degree college at Indervelly mandal and the same is pending consideration before the first and second respondents. The grievance of the petitioner is that the fourth respondent should not be granted permission for the establishment of new un- aided degree college at Indeverally as he does not belong to Scheduled Tribe and that as per Section 3-A(2) of the A.P. Scheduled Areas Land Transfer Regulation, 1959, only tribal societies can be accorded permission to establish new un-aided degree college in the tribal areas. The learned Counsel for the petitioner submits that Indervelly is a tribal area and no non-tribal can be permitted to establish a new un-aided private degree college in the Indervelly. The learned Standing Counsel for the first respondent submits that the petitioner has been granted permission to set up a new un-aided private degree college at Indervelly mandal and hence he has no concern with regard to establishment of new college by the fourth respondent in the same mandal. After hearing the learned Counsel for the petitioner, it is clear that Indervelly mandal falls under tribal area and as per Section 3- A(2) of the A.P. Scheduled Areas Land Transfer Regulation, 1959, only tribal societies can be accorded permission to establish new un-aided degree colleges in the tribal areas. While considering the case of the fourth respondent for establishment of new private un- aided degree college in Indervelly mandal, the first and second respondents shall take into consideration as to whether the fourth respondent fulfills the aforementioned criteria for establishment of new private un-aided degree college in Indervelly mandal of Adilabad District in terms of the above provision, as on date. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 20th June, 2011 Note: CC in two days (BO) Msnro