Allowed

Sri. Vani English Medium Tutorial Institution, v. The Commissioner and Director of School Education

Telangana HC24 Jun 2011WP/17576/2011

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by a tutorial institution. The petitioner sought permission to continue informal education activities as registration processes were allegedly stalled. The court held that while the establishment of such institutions is not prohibited, the petitioner must be given a show cause notice before further action can be taken.

What did the court decide?

The writ petition is allowed and the respondents are directed not to interfere with the activity of imparting informal tutorial education by the petitioner.

Sri. Vani English Medium Tutorial Institution, Vs… — Education and Admissions | Telangana HC (2011)

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HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA

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W.P. No. 17576 of 2011

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DATED:24.06.2011

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Between: Vani English Medium Tutorial Institution .. Petitioner

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And The Commissioner and Director of School Education And three others .. Respondents

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O R D E R:-

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The petitioner claims to be the tutorial institution functioning at Nellore in a slum and remote area. It is stated that it imparts only informal tutorial education and not regular course of study. The State of Andhra Pradesh framed A.P. Tutorial Institutions (Registration and Regulation) Rules 1997 in exercise of powers under Section 32 read with Section 99 of the A.P. Education Act, 1982 providing rules for registration and regulation of tutorial institutions. The petitioner contends that though the rules were framed, the activity of registration is not being undertaken by the Government and that it is prepared to obtain registration as and when the respondents take steps in this regard. The petitioner’s grievance is that the respondents are preventing it from functioning on the strength of the order passed by this Court in W.P. No. 11007 of 2009 and batch dated 07.09.2009.

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Heard the learned counsel for the petitioner and the learned Government Pleader for School Education.

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The establishment of tutorial institutions is not prohibited under law. On the other hand, the Government framed rules for registration and regulation of such institutions. The order passed by this Court in W.P. No. 11007 of 2009 and batch is in respect of unrecognized schools. Firstly, the petitioner does not answer the description of schools. Secondly, even assuming that the petitioner is indulging in any activity contrary to law, it can be proceeded against, only after issuance of show cause notice. No such steps were taken.

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Hence, the writ petition is allowed and the respondents are directed not to interfere with the activity of imparting informal tutorial education by the petitioner. It shall however, be open to them to issue notice and take further action in accordance with law. There shall be no order as to costs

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_____________________ ASHUTOSH MOHUNTA, J 24.06.2011 Note: Furnish copy in three days B/o bcj

Sri. Vani English Medium Tutorial Institution, v. The Commissioner and Director of School Education

Case brief

What is this about?

What did the court decide?

Sri. Vani English Medium Tutorial Institution, v. The Commissioner and Director of School Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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