Writ petition challenged closure proceedings of the petitioner's school issued without notice. The court set aside the impugned proceedings for violation of natural justice and left respondents free to take fresh action in accordance with law after due notice.
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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.2847 of 2024
ORDER :
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the proceedings issued by the 4th respondent vide R.C.No.3946/Cl/2023, dated 21.11.2023, wherein and where under a committee consists of Mandal Educational Officers to close down the school run by the petitioner society is highly illegal, arbitrary exercise of power, violative of principles of Natural Justice and violative of Article 14, 19 and 21 of the Constitution of India and liable to be set aside…..”
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Prakasam with regard to conducting of Digital classes in the petitioner’s institution, without obtaining permission, a report was called for from the Deputy Educational Officer, Markapur Division. Basing on the report submitted by him on 08.10.2023, a committee was constituted for the purpose of closure of the said School on the ground that the School has been running without obtaining permission from the concerned department. In view of the same, the committee members were instructed to visit the School and close the School as per the norms immediately.
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obtaining any permission from the concerned Department, accordance with law, after duly giving an appropriate notice to the petitioner.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
_______________________ JUSTICE V.SUJATHA
Date : 07.02.2024
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HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.2847 of 2024
Date : 07.02.2024
KGR
1 issue framed by the court
Whether closure proceedings issued without prior notice or hearing to the petitioner school were valid.
1 provisions across 1 enactments
Petitioner society (school-run society)
District Educational Officer (FAC), Prakasam District, Ongole
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
