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State of Andhra Pradesh - Section

Section 8 in Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987

8. Power to grant or refuse Permission

(1)Commissionerate of Higher Education are the competent authority to grant or refuse permission for the establishment of various categories of educational institutions indicated under Rule 1 (2).
(2)Government, keeping in view their financial position during the particular financial, academic year and the educational needs of the localities on priority basis, shall take a policy decision as to the number of Government and private institutions proposed to be established during the particular academic year, identifying the localities where they are to he established in consultation with the Director and communicate the same to the Commissionerate. The Commissionerate, on receipt of the Government communication containing the particulars of the number of Government and private institutions proposed to be established during the academic year and the localities where they are to be established, shall make a gazette notification and/or news paper advertisement calling for applications, in triplicate, from the educational agencies desirous of establishing Government/private institution of the category specified and in the locality specified, directing them to make the applications along with the fees prescribed to the Board of Intermediate Education/University concerned, as the case may be, following the procedure prescribed under Rules 5 and 6.
(3)The Board of Intermediate Education/University concerned shall scrutinise the applications received in triplicate, from the educational agencies as well as those emanated from the Government and got forwarded through the Director, strictly in accordance with the rules and regulations provided under the Act. They shall conduct necessary inspection etc., as deemed fit and forward two applications of each educational agency along with their inspection reports and recommendations in duplicate, to the Director, retaining one copy with them. The Director in turn shall retain one application of the educational agency and a copy of the inspection report etc., and forward the original application of the educational agency together with the remaining copy of the inspection report etc., along with his remarks to the Commissionerate. The Director shall also indicate the number of teaching and non-teaching posts required to be sanctioned, the expenditure involved and the budget provision, while forwarding the applications for the establishment of the Government institutions.
(4)The Commissionerate who are the competent authority may grant or refuse permission for the establishment of the educational institution after examining the particulars contained in the application and the inspection reports etc. The decision of the competent authority either for granting or refusing the permission for establishment of the institution shall be communicated to the educational agency within three months from the date of receipt of the application, as far as possible. If the permission is refused, the educational agency shall be informed of the grounds for such rejection and the Director shall take necessary action to refund the corpus fund (endowment) deposited, to the educational agency.
(5)No educational agency shall start any educational institution without obtaining specific orders of permission from the competent authority. Mere making of application and non-receipt of communication of letter of rejection from the competent authority within time, shall not entitle any educational agency to start the institution for which permission has been sought for. Educational agencies starting institutions without obtaining prior permission from the competent authority are liable to be punished under the provisions of the Act.
(6)The Commissionerate shall send to Government a copy of the order of permission accorded to the educational agency, for information.