Jagannatha Shetty, J. - (1.) This appeal by leave is directed against the judgment and order dated April 24, 1987 of the Division Bench of the High Court of Andhra Pradesh dismissing the Writ Petition No. 1645 of 1987.
(2.) Briefly stated, the facts are these: In the month of August 1984 a Ministry headed by Sri N. Bhaskara Rao suddenly came into power in A.P. The said Ministry just lasted for about a month and had to go out of office for want of vote of confidence by the State Legislative Assembly. During that short term, the Government granted a number of permissions to various private bodies and individuals for starting colleges of education (B. Ed.) courses. The appellant was one among those beneficiaries. The permission was granted with several conditions. Those conditions were required to be complied with within a period of six months. In the middle of September 1984 Bhaskara Rao's Ministry went out of office and the Government headed by Sri N. T. Rama Dao came back to power. Soon thereafter the permissions granted were suspended or cancelled. The appellant and other institutions aggrieved by the cancellation moved the High Court of Andhra Pradesh for relief under Article 226. The appellant filed Writ Petition No. 812 of 1986. The State contended that the parties did not comply with the conditions of the grant of permission. All those writ petitions were disposed of by common order dated March 7, 1986. The High Court was of opinion that the cancellation was as arbitrary as the grant of permission. So a via media was taken since the parties have invested large sums of money for establishing the colleges. The High Court laid down certain conditions and issued directions for compliance for granting permission and recognition to the colleges. Some of those directions are as follows: "(1) The petitioners shall comply with the requirement of the deposit of Rs. 4,50,000/-within one month from this date. If the Director of School Education does not co-operate with the petitioners in opening a joint account the deposit shall be made in a fixed deposit account in the name of the college in any nationalised or scheduled bank. (It shall be open to the petitioner to pursue his application for exemption meanwhile but the time limit prescribed herein remains or applies to this petition as well). (2) The petitioners shall comply with the requirements relating to the appointment of qualified staff and the laboratory, library and audio-visual equipment within three months from today. For the purpose of recruitment of the teaching staff, the petitioners shall issue Notifications in two dailies with wide circulation in this state calling for applications from the qualified teachers. On receipt of applications selections shall be made by the Selection Committee if one is already constituted by the Government or the University and if no Selection Committee is constituted, it shall be constituted consisting of a member of the Management, the Director of School Education or his nominee, not below the rank of a Joint Director and in his absence by D.E.O. and an Expert to be nominated by the University. The petitioners shall send communications to the Director of School Education and the, University as soon as applications are received for the purpose of constituting the Selection Committee and the said officers shall take the necessary steps in this behalf. (3) If the qualified staff do not respond to the Notification issued by the petitioners and consequently the petitioners find difficulty in appointing qualified staff the petitioners shall make a representation to the Director of School Education seeking his help in the recruitment and appointment of qualified teaching staff. (4) All other requirements, including the Model School, subject to which permissions were initially granted to the petitioners shall be complied with by the petitioners not later than 31st July, 1986. (5) The petitioners shall send a compliance report to the Director of School Education as soon as the requirement regarding deposit of Rs. 4,50.000/- within the permitted time is complied with duly endorsing a copy of the compliance report to the Government. Similarly, the petitioners shall send a compliance report to the Director of School Education regarding the appointment within the permitted time of the required qualified teaching staff and also the provision of library. laboratory and audio-visual equipment endorsing a copy thereof to the Government regarding the compliance of all other requirements as directed above by 31st July, 1986."
(3.) The Director of School Education was asked to make such enquiry as he thinks fit to satisfy himself about compliance of the above requirements. If there was no satisfactory compliance within the prescribed period, the High Court said that the concerned institution shall cease to function at the end of the academic year 1985-86.;