Petitioner sought mandamus to direct authorities to run a school gifted to them or return the property. Court dismissed the petition, holding it lacked student strength and the gift deed did not provide a right to re-delivery.
No direction to run the school; no direction for return of property; petition dismissed.
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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.14857 of 2005
ORDER:
In this Writ Petition, petitioner seeks a mandamus declaring the action of the respondents in not running a High School in his premises which was taken by the Government at free of cost by proceedings No.15992/PS2/2003-2, dated 17.12.2003, as illegal and arbitrary, with a consequential direction to the respondents to run the High School in the name of Prathipati Subbaiah Rangamamba Zilla Parishad High School in his premises or in the alternative, direct the respondents to return the premises along with movable and immovable properties, which were taken by them.
The petitioner started a school in 1987 in his own premises. It was an unaided school and was being run in the Village by name P.S.R. High School, Nagabhairuvaripalem, Pedanandipadu Mandal, Guntur District. He offered to hand over such premises including the movables therein to the Government. The respondents agreed to take over the said school without any absorption of teaching and non-teaching staff working in it. He asked the Government to merge the school into
Zilla Parishad and run the same in his premises, in the name of Prathipati Subbaiah Rangamamba Zilla Parishad High School. In view of acceptance of the said offer, he transferred the property in favour of Zilla Parishad by executing a registered gift deed.
In this Writ Petition, it is the case of the petitioner that as per proceedings, dated 17.12.2003, the offer made by the petitioner is to run the school in the name of Prathipati Subbaiah Rangamamba Zilla Parishad High School, or in the alternative, to return the property along with movable and immovable properties which were taken by the respondents. It is his grievance that though he handed over the premises in question to run the school in the name of Prathipati Subbaiah Rangamamba Zilla Parishad High School, the respondents have not started the same.
Earlier, in Writ Petition No.14735 of 2004, the residents of surrounding villages and also of Nagabhairuvaripalem Village, sought directions for reopening the school. In view of the stand of the respondents that the school which was being run by the petitioner herein had no recognition from 2002 to 2003 and the students of the said school already left and joined the nearby schools and that there is one school, namely,
Mandal Praja Parishad School at Uppalapadu Village, it is also upgraded subsequently and the same is catering to the needs of the residents of the villages, the said Writ Petition was dismissed.
In the present Writ Petition also, the aforesaid stand was taken on behalf of the respondents. In the counteraffidavit, it is stated that the management of the erstwhile school run by the petitioner have also addressed a letter to return the school building, if the school is not reopened. But, the same was informed to the second respondent – Commissioner and Director of School Education, Government of Andhra Pradesh, Hyderabad, and instructions are awaited.
So far as the relief of the petitioner to run the school is concerned, when it is the case of the respondents that there is no strength in the school to run the same and further, the school situated at Uppalapadu Village is already upgraded and the same is catering to the needs of the residents of the villages, the petitioner as a matter of right cannot seek any directions to run the school. Whether running a particular school is needed in a particular locality in the village, is in the domain of the respondent authorities having regard to the need in such particular locality. When it is stated by the respondents
that as there was no strength in the school, it was already closed and there is no recognition from 2002 to 2003 and further, all the students have left and joined the adjoining schools, and the school which is in Uppalapadu Village is catering to the needs of the residents of the villages, this Court cannot issue directions to the respondents to run the school as sought by the petitioner, in exercise of power under Article 226 of the Constitution of India.
With regard to the relief of claiming re-delivery of possession of the property, it is to be noticed that the petitioner transferred the property by way of registered gift deed in favour of Zilla Parishad.
I have perused such document, which is filed along with the papers. There is no clear recital in it for return of the property in the event of not running the school. In any event, if the conditions are violated, it is for the petitioner to seek remedy before appropriate civil Court but as much as he transferred the property by way of gift deed and when such document is in force, he is not entitled to seek relief with regard to re-delivery of possession in this Writ Petition.
In that view of the matter, keeping open to the petitioner to avail other remedies open under law, the Writ
Petition is dismissed. No order as to costs.
R.SUBHASH REDDY, J
20th DECEMBER, 2011.
kvni
2 issues framed by the court
Whether the writ court can direct the education authorities to reopen a school that lacks student strength and recognition.
Whether a petitioner who gifted property via a deed without a return clause can seek restitution in a writ petition.
Prathipati Subbaiah Rangamamba Zilla Parishad High School petitioner aggrieved
Commissioner and Director of School Education, Government of Andhra Pradesh
R.SUBHASH REDDY
As recorded by the court registry
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