ANDHRA KESARI EDUCATION SOCIETY ONGOLE Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Andhara Kesari Education Society, Ongole Prakasam District, a Society registered, under the Societies Registration Act, seeks a writ of mandamus against the Government of Andhra Pradesh, the 1st respondent herein, and the District Educational Officer, Ongole, Prakasam District, the 2nd respondent herein to grant permission to run the college of Education and the Teachers Training Institute at Ongole and to pass any other appropriate orders.

(2.) The Society was registered with the primary object of establishing and running a College of Education for graduates and the Teachers Training Institute for non graduates. The Society made an application on 27-7-1982 for grant of permission to establish and run a B. Ed. College at Ongole with a view to help the Scheduled Castes, Scheduled Tribes, backward classes and economically backward classes of the society and secured a suitable and spacious building and provided it with furniture, library, laboratories, playground and other facilities required to run the College of Education and the Teachers Training Institute efficiently. The Society was also ready to undertake any financial burden and raise necessary further funds for the maintenance of the college. The Society proposed to run the college strictly within the parameters of AndhraPradesh Education Code and the rules framed by the Government and conform by the Andhra University within the jurisdiction of which, the society intended to establish the college. The petitioner-Society also wrote a letter to the Andhra University on 28-8-1982 requesting it to send a team to inspect the facilities provided by the society for establishing the College of Educational and to recommend for its affiliation. The application for grant of permission to start the college of Education was forwarded to the Secretary to Government, Education Department Government of Andhra Pradesh, Hyderabad; but the society was not informed as to the action taken by the Government. The Society made further requests through similar applications submitted to the Chief Minister and the Education Minister on 27-8-1982 and 20-10-1982 respectively. As there was no response even to these applications, the Society filed writ petition 7987/82 that writ petition was allowed by this court on 12-11-1982 and a direction was issued to he respondents to consider the application of the petitioner-society within four weeks from the date of the order. Though the said period of four weeks expired, no action was taken. In the meanwhile, the petitioner-society called for applications for appointment of the principal and lecturers, so that the college could start functioning in time. While so, the district educational Office, Ongole (2nd respondent) addressed a letter to the Superintendent of Police, Ongole (3rd respondent) on 7-12-1982 informing that, while the orders of the Government were awaited, the petitioner-society was proceeding to appoint Principal and lecturers and was receiving donations form the candidates seeking admission to B. Ed., and ITI coursed and requested the superintendent of Police to see that the admissions are stopped. A copy of that letter was forwarded to the Secretary and correspondent of the petitioner-Society. The society denied that it had appealed for or collected any donations form the candidates and also asserted that the Revenue Divisional Officer and Sub Divisional Magistrate, Ongole had no jurisdiction to direct the Secretary and correspondent to the petitioner-society to appear before him and that the Superintendent of Police has no manner or right to prevent the petitioner-society from proceeding with the admissions. The petitioner-society claims that it has a right to establish the college and that, by withholding the grant of permission, the respondents cannot deprive it of its fundamental right to establish a college or prevent it from proceeding with the appointment of Principal and the Lecturers and admission of the students. In obedience to the D. O. letter No. 658/83 dated 29-4-1983 of the Commissioner for Government Examinations, the District Training Institute run by the petitioner-society on 5-5-1983 and inspected the facilities provided in that institution and submitted a report. It may be noticed at this stage that the petitioner-society had started this Teachers Training Institute during the previous year and some of its students were permitted along with the students of other unrecognised Teachers Training Institutes, to appear for the examination. The District Educational Officer reported that the institute was running from 16-10-1982 with fully equipped staff, that there was accommodation for 150 candidates, that the furniture and sanitary conditions were satisfactory and that library and laboratory equipment was provided and that the grand total of eligible and approved candidates was 76 drawn form all classes forward classes, backward classes and scheduled castes candidates. From the report of the District Educational Officer, it would appear that there was no objection to the grant of permission to the Teachers Training Institute run by the petitioner-society. The Andhra University however, did not take any steps to send a team to inspect the facilities provided for the establishment of the college of Education and to recommend for its affiliation.

(3.) the case of the Andhra University is that unless the Government permits establishment of the college, the question of establishing the college does not arise. So for, the Government has not permitted the establishment of the College; consequently, there is no occasion for the University to send a team to assess the facilities provided in the college.