The High Court dismissed a writ petition challenging the taking over of management of educational institutions by the State as infructuous, holding that the cause of action did not survive since the relief pertained to an expired academic year.
No order as to costs. Miscellaneous petitions, if any, stand closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
WEDNESDAY. THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 19214 OF 2016
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaration of the Proceedings in Rc. NO.33/C/APSSAA/SP/2015, Dated 19-05-2016 issued by the 3^^^ Respondent in taking over of Management of One URS and Two URH by the Sectoral Officers, O/o APSSA, Visakhapatnam from the Petitioner Societies for the academic year 2016-2017 as illegal. Arbitrary, Violative of Principals of Natural Justice, Contrary to the MOU and Unconstitutional and consequently direct the Respondents to continue the petitioners to run theft URS and URhs for the tenure of one year as per the MOU dt.31-03-2016 pass such other or furtherordersasthisHon'ble Court may deem fit and proper in the circumstancesofthecase.
I.A. NO: 1 OF 2016(WPMP. NO: 23560 OF 2016)
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the writ petition, the High Court may be pleased
to suspend the impugned Proceedings in Rc. No. 331C/APSSAA/SP/20 15, Dated ; 19.05.2016 issued by the 3rd Respondent in taking over of Management of One bJRS.and Two URH by the Sectoral Officers, O/o APSSA, Visakhapatnam from ' vt’^J^^titioner Societies for the academic year 2016-2017 pending disposal of the ^Writ Petition.
Counsel for the Petitioners: SRI Y. RAVEENDRA KUMAR
Counsel for the Respondent No.1: GP FOR SCHOOL EDUCATION
Counsel for the Respondent Nos.2 & 3: M/s. R. SUDHA RANI, SC FOR SSA
The Court made the followingiORDER
/
THE HON’BLE SMT JUSTICE V. SUJATHA
Writ Petition No.l9214 of 2016
ORDER:
The present writ petition has been filed by the petitionersunder Article 226 of Constitution of India, challenging the proceedings in Rc.No.33/C/APSA/VSP/2015, dated 19.05.2016 issued by the 3'^^ respondent in taking over of management of one URS and two URH by the Sectoral Officers, O/o APSSA, Visakhapatnam from the petitioner societies for the academic year 2016-2017 and are seekingadirectionto the respondents to continue the petitioners to runtheirURSandURHs for the tenure of one year as per the MOU dated 31.03.2016.
As the relief sought by the petitioners in the writ petition pertains to the academic year 2016-2017, this Court is of the opinion that the cause in the writ petition would not survive.
Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if anyintheWrit Petition, shall stand closed.
Sd/- U. SRIDEVI
ASSISTANT REGISTRY
//TRUE COPY//
SECTION OFFICER
To,
ssb
•*<
HIGH COURT
DATED: 13/12/2023
ORDER
WP.No.19214of 2016
O o
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(§ 2 h APR 202^
Curreni Section
icbphs
DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS
2 issues framed by the court
Whether the writ petition challenging the taking over of educational institutions is maintainable given the reliefs sought pertain to an expired academic year.
Whether the cause of action survives for the disposal of a writ petition where the requested tenure has lapsed.
1 provisions across 1 enactments
Center For Rural Entrepreneurship, Development and Integrated Training Society
Sanghamitra Rural Development Society
Prathibha Educational Soceity
State of Andhra Pradesh
State Project Director, Sarva Shiksha Abhiyan (SSA)
District Project Officer, AP Sarva Shiksha Abhiyan (APSSA)
V. SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
