GAYATHRI DEGREE COLLEGE Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties. This writ petition is filed for a mandamus to declare the action of respondent No. l in issuing G.O. Rt. No. 336, Higher Education (C.E.II.2) Department, dated 16.6.2012, as illegal and arbitrary.

(2.) The petitioner is an existing Degree College at Yellareddypet Mandal, Karimnagar District. Respondent No. 2 issued notification, dated 15.4.2011, inviting applications for establishment of new Degree Colleges in Karimnagar District for the year 2011-2012. Even though Yellareddypet Mandal was not notified, respondent No. 4 has made its application for establishment of a Degree College for the said Mandal. By order, dated 13.6.2011, respondent No. 2 rejected the application of respondent No. 4. Questioning the said rejection order, respondent No. 4 filed WP No. 21122 of 2011. Though the petitioner was not made a party to the said writ petition, it filed an application for its impleadment and also a counter-affidavit. The plea on which the said writ petition was filed by respondent No. 4 was that even though there is need for establishment of another Degree College in Yellareddypet Mandal, respondent No. 2 did not notify the said Mandal.

(3.) Respondent No. 2 filed a counter-affidavit in the said writ petition, wherein it has specifically pleaded that as per the survey conducted by it in the month of December, 2010, it was satisfied that there was no need for establishment of a Degree College in Yellareddypet Mandal, Karimnagar District and that therefore, based on the said survey report conducted under Section 21 of the Andhra Pradesh Education Act, 1982 (for short 'the Act') and Rule 4(2) of Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 (for short 'the Rules'), respondent No. 2 did not include Yellareddypet Mandal in its notification, dated 15.4.2011, for establishment of new Private Unaided Degree Colleges. On that premise, respondent No. 2 has opposed the writ petition filed by respondent No. 4. The petitioner also raised a similar plea of absence of need in its counter-affidavit