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1. Andhra 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 furnitures, 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 Andhra Pradesh Education Code and the rules framed by the Government and conform to the rules of affiliation framed 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 Education 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 (he 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 the respondents to consider the application of the petitioner-society within four weeks from the dale 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 Officer, 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 from the candidates seeking admission to B. Ed., and T. T. I. courses 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 from the candidates and also asserted that the Revenue Divisional Officer and Sub-Divisional Magistrate, Ongole, had no jurisdiction to direct the Secretary and correspondent of the petitioner-society to appear before him and that the Superintendent of Police has no manner of 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 the 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 Educational Officer visited the Teachers 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 from 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.

"In the circumstances stated by the Director of Higher Education in his letters cited. Government after careful examination have decided not to open any more private B. Ed., Colleges during 1982-83 as there are already 13,066 unemployed B. Ed. in the State.

Sd. A. N. Naya Prakas, Dy. Secretary to Government."

5. The Government, in its counter-affidavit, while admitting that an application was made by the petitioner-society for grant of permission to establish a B. Ed. College and to run a Teachers Training Institute, stated that the petitioner-society had called for applications even before the grant of permission and, therefore, a press-note was issued informing the public not to be led away by such advertisement and not to seek admission or recruitment in the unauthorised institution. The Government also informed the Andhra University, Waltair, the Superintendent of Police, Ongole, and the District Educational Officer Ongole, to take appropriate action against the petitioner-society. It is the case of the Government that, as per G. O. Ms. No. 485, Education dated 24-5-1982, those who intend to open a private B. Ed., College shall have to make an application to the concerned University for a report as to the feasibility of the college. The University, in turn, is required to inspect and forward the application with necessary recommendations to the Government for its consideration. After the Government accords approval for starting the college, then only the college should be started. The petitioner-society applied to the Government without following the said procedure and put in an advertisement in "Eenadu", a Telugu Daily, on 25-11-1982. However, as the Students were already admitted to the Teachers Training Institute and the examinations were scheduled to be held in May, 1983, the Government permitted them to appear for the examination subject to the condition that the private Teachers Training Institute :Shall not function during the year 1983-84 without obtaining prior permission and recognition under the rules. Pursuant to the direction of the High Court in the , above writ petition, the application made by the petitioner-society for opening a Teachers Training Institute for the year 1982-83 was considered and rejected by the Government. No fresh application for the year 1983-84 was made by the petitioner-society. So far as the B. Ed. College is concerned, it is the case of the Government that there are seven Government Colleges of Education. The total permitted strength of the students in the said colleges is 825. Apart from these seven Government Colleges, there are eleven recognised private colleges of Education in the Stale with a permitted intake of 2220 students. Thus, annually, about 3000 trained graduates are produced, while there are as it is 13,066 unemployed trained graduates. In view of this large number of unemployed trained graduates, the Government thought it inadvisable to grant permission to start any more private B. Ed., Colleges. Further, the shortened B. Ed. course was introduced for in-service candidates who were holding secondary Grade Basic Training Certificates and have subsequently improved their qualifications by doing graduation. Now, 12 Government Teachers Training Institutes are functioning in the State and 1800 students are admitted every year. The Government proposed to open 11 more Teachers Training Institutes with an intake of 150 students in each of the institutes. The total number of students that could be . admitted to Teachers Training Institutes every year would thus he 3,450 and according to the estimate of the Government, a maximum of 2500 secondary grade basic training teachers are required per year. The present institutes are more than sufficient to meet this requirement and if, at all, a few more teachers are required, the intake of each of the institutes would be increased. The Government, therefore feels that there is no necessity to start any more Teachers Training Institutes.

"I am directed to state that the request for opening a B. Ed. College at Ongole, Prakasam District is not feasible of compliance as Government after careful examination, have already taken decision not to open any more private B. Ed. Colleges in the State (vide Government Memo No. 2264/S1/82-1 Edn. Dated 9-11-1982.") The Memorandum of the Government dated 9-11-1982 was enclosed with that letter. In that memorandum, what all the Government stated is that, "...............the Government, after careful examination have decided not to open any more private B. Ed. Colleges during 1982-83 as there are already 13,066 unemployed B.Ed. in the State."