GENERAL SECRETARY AFFILIATED LP JUNIOR COLLEGE Vs. SECRETARY GOVERNMENT OF ANDHRA PRADESH HEALTH AND EDUCATION DEPARTMENT HYDERABAD

JUDGEMENT

(1.) The Affiliated Private Junior College Managements Association (for brevity 'the Association'), is the petitioner. It is stated to be a registered Association. The Association, represented by its General Secretary, has filed this writ petition seeking invalidation of a Notification dated 18-11-2001, issued by the 2nd respondent-Board of Intermediate Education (for brevity 'the Board'). By the said notification, the Board invited applications from interested educational agencies/junior colleges for establishment of new private junior colleges and starting additional sections in private junior colleges, and for grant of affiliation to such private junior colleges etc.

(2.) According to the Association, the notification issued by the Board is contrary to the provisions of the A.P. Education Act, 1982, especially Section 20 thereof, and also contrary to the scheme for establishment of new private junior colleges and starting additional sections in private junior colleges, approved by Government in G.O. Ms. No. 114, Higher Education (C.E.III-2) Department, dated 9-8-2000.

(3.) The facts leading to the filing of the writ petition may briefly be noticed. A junior college can be established with the permission of the Government granted under the provisions of the A.P. Education Act,1982 (for short 'the Education Act'), the A.P. Intermediate Education Act, 1971 (for brevity 'the 1971 Act') and the Rules framed by the Government under Section 99 of the Education Act, known as "the A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987", issued in G.O. Ms. No. 29, dated 5-2-1987.Under the Rules, the Board is the competent authority to accord permission and recognition to private junior colleges. During the year 1999, Private Junior Colleges Managements' Association filed W.P. No. 13927 of 1999 before this Court complaining that the Board is following the Rules more in breach while granting permission to start new private junior colleges or permitting establishment of new sections or permitting shifting of private junior colleges from one place to another, and a declaration was sought that the action of the Board in granting permission for establishment of additional sections in private junior colleges in the State without keeping in mind the Rules, is illegal and arbitrary. This Court by judgment dated 27-2-1999, directed the Government and the Board to come up with a scheme as regards grant of permission to new private junior colleges proposed to be established during the subsequent academic years/additional sections that are to be granted having regard to the number of pass outs in the SSC examinations, and the need for permitting establishment of new private junior colleges or creating additional sections. The High Court also suggested certain amendments to the scheme proposed by the Government. The Government approved the scheme in G.O. Ms. No. 114, dated 9-8-2000, which is in four parts. Part I deals with the guidelines for creation of additional sections or new private colleges. Part II deals with rationalization of Corpus Fund, Part III deals with grant of funds to new junior colleges in tribal and rural areas, and Part IV deals with vocational education at Intermediate level in private junior colleges.