The High Court noted that the school's recognition was cancelled and the school was closed. As the subject matter ceased to exist, the court held the cause of action did not survive and closed the writ petition without costs.
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)
TUESDAY. THE TWENTIETH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
o
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 21110 OF 2015
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 of Mandamus or any other appropriate Writ, . (t.Prders, Declaring the action of the respondents A) In insisting the ^^TO?ier| to draw the grant in aid salary bills fortheemployeesshifted 1 'W closed T.H.S Branch School, Tenali as illegal arbitrary and ultraf'?l^Pfovisions of the AP Education Act and Rules madethereunder and"Tlie grant in aid code. B) In interfering with the 1st petitioner's exclusive property used by the closed T.H.S. Branch School at ward no;2. Block No: 14, in TS No: 449/5, Matham Bazar, Morrispet, Tenali as illegal, arbitrary, without authority and C) The action of the respondents ini;. interfering with the internal affairs of the 1st petitioner society including its decisions involving its exclusive properties, as illegal. Arbitrary, without authority. Further declare that the above actions of the respondents are ultra vires their Powers under A.P Education Act and Violative of Art 14 , Art 300-A of the Constitution of India.
I.A. NO: 1 OF 2015(WPMP. NO: 27169 OF pnifi)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 to 5 not to take coercive measures against the petitioners involving the 1st petitioners exclusive property used by the closed T.H.S Branch School at Matham Bazar, Tenali.
L-A. NO: 2 OF 2015fWPMP. NO; 27170 OF 20151
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to process the salary bills forthwith, submitted by the 2nd petitioner for the employees of the Taluk High
| School, Kothapet, Tenali for the period March 2015 onwards disposal of the Writ Petition. |
Pending |
|---|---|
| Counsel for the Petitioner: SRI. RAMA MOHAN PALANKI | |
| Counsel forthe Respondent No.1 & 4: GP FOR EDUCATION | |
| Counsel forthe Respondent No.5: GP FOR REVENUE | |
| TheCourtmadethefollowing:ORDER |
1
THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 21110 OF 2015
Between:
...PETITIONER(S)
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 of Mandamus or any other appropriate Writ, Order or Orders, Declaring the action of the respondents A) In insisting the petitioners to draw the grant in aid salary bills for the employees shifted
2
from the closed T.H.S Branch School, Tenali as illegal arbitrary and ultravires the provisions of the AP Education Act and Rules made there under and the grant in aid code. B) In interfering with the 1st petitioner's exclusive property used by the closed T.H.S. Branch School at ward no;2, Block No;14, in TS No: 449/5, Matham Bazar, Morrispet, Tenali as illegal. arbitrary, without authority and C) The action of the respondents in interfering with the internal affairs of the 1st petitioner society including its decisions involving its exclusive properties, as illegal. Arbitrary, without authority. Further declare that the above actions of the respondents are ultra vires their Powers under A.P Education Act and Violative of Art 14, Art 300-A of the Constitution of India and pass
Counsel for the Petitioner(s):SRI. RAMA MOHAN PALANKI
Counsel for the Respondents: GP FOR EDUCATION (AP)
The Court made the following:
3
ORDER:
Present Writ Petition is filed challenging the action of the respondents in insisting the petitioners-Schools to draw the grant in aid salary bills for the employees shifted from the closed T.H.S. Branch School, Tenali as well as in interfering the respondents with the internal affairs of the 1®* petitioner Society including its decisions involving its exclusive properties as illegal and arbitrary and without any authority.
- At the stage of admission, on 09.07.2015, this Court passed interim order, directing to maintain status quo with regard to the closed T.H.S. Branch Schools at Matham Bagazar, Tenali.
7
- Today when the matter is came taken up, learned Government Pleader produced a copy of instructions vide Rc.No.Spl/C3/2023,datedNil- 02-2024, received from the District Educational Officer, Guntur, wherein it is stated that presently no Correspondent for the petitionerschool is there School Recognition was also cancelled and the petitionerSchools are already closed, teachers adjusted to needy schools on work adjustment basis. Challenging the closure of said schools, twoWritPetitionshavebeen filed by the petitioners vide W.P.No.17505 of 2023and24430 of 2023 which are pending for consideration before this Court.
4
- Accordingly, the Writ Petition is closed. No costs. Miscellaneous petitions pending, if any, in this Writ Petition
shall stand closed.
SD/- G. HELA NAIDU ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
PRADESH [OUT]
\
HIGH COURT
DATED:20/02/2024
ORDER
WP.No.21110 of 2015
O 0 6 JUL 202^ m
X<L
Current Section
'•j;
CLOSING THE W.P WITHOUT COUSTS
1 issue framed by the court
Does the writ petition survive adjudication when the school is closed and recognition cancelled?
2 provisions across 2 enactments
Taluk High School Committee
The Secretary and Correspondent, T.H.S Committee
State of AP
Director of School Education
Regional Joint Director, School Education Department
District Educational Officer
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
