In this PIL regarding FITJEE talent tests for school admissions, the Court held the petition disposed after the respondent filed proceedings directing an inquiry to stop the examinations.
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 JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE TWENTY FOURTH DAY OF SEPTEMBER, TWO THOUSAND AND TWELVE
PRESENT:
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND
THE HON’BLE JUSTICE SRI VILAS V. AFZULPURKAR
PUBLIC INTEREST LITIGATION No.320 of 2012
Between:
Balala Hakkula Sangham (Regd.No.470/2011) (Andhra Pradesh Child Rights Association) Flat No.205, Kubera Towers, Himayath Nagar, Hyderabad, rep., by its President Sri P. Achyuta Rao.
… Petitioner
And
The Government of A.P., rep., by its Principal Secretary, School Education Department, Secretariat, Hyderabad & others.
… Respondents
This Court made the following:
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE JUSTICE SRI VILAS V. AFZULPURKAR
PUBLIC INTEREST LITIGATION No.320 of 2012
ORDER: (Per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This public interest litigation is filed for the following substantive relief: “For the reasons stated in the accompanying affidavit, it is, therefore, prayed that this Hon’ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent Nos.1 and 2 in not taking action/preventing the respondent Nos.3 and 4 in conducting FITJEE Talent Support Exam on 23.09.2012 and FITJEE Talent Reward Exam on 28.10.2012 for the students of class V to XI for the purpose of admissions as bad, arbitrary, illegal and unconstitutional and consequently direct the respondent Nos.1 and 2 to take necessary action against the respondent Nos.3 and 4 to stop the said screening test/talent test in the name of FITJEE Talent Support Exam scheduled on 23.09.2012 and FITJEE Talent Reward Exam scheduled on 28.10.2012 and pass such other and further order or orders, as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interest of justice.”
In this Writ Petition, the grievance of the petitioner is that respondents 1 and 2 are not taking action against respondents 3 and 4 in conducting FITJEE Talent Support Exam and FITJEE Talent Reward Exam scheduled to be held on 23.09.2012 and 28.10.2012 respectively.
At the hearing, learned Government Pleader for School Education produced
a copy of proceedings Rc.No.392/E1-1/2012, dated 20.09.2012, of the Commissioner and Director of School Education, the 2nd respondent herein, and submitted that the grievance of the petitioner has been redressed in view of issuance of the said proceedings. He, therefore, says that nothing survives in this petition.
We have perused the proceedings, dated 20.09.2012, of the 2nd respondent, wherein he has instructed all the Regional Joint Directors of School Education in the State to inquire into the nature and purpose of the test notified in newspaper on 11.09.2012 etc., and take further necessary action to stop admission test/screening test/talent test/scholarship test for getting admission into the school by FITJEE management in the State. It was also mentioned in the said proceedings that if the managements of the schools deviate the instructions issued, immediate necessary action may be taken for withdrawal of permission/recognition, duly following the procedure and also initiate prosecution in the matter.
In view of the above proceedings, the grievance of the petitioner has already been fulfilled and therefore it is not necessary for us to pass any further orders in this petition.
The public interest litigation is accordingly disposed of.
______________________________ PINAKI CHANDRA GHOSE, ACJ
__________________________ VILAS V. AFZULPURKAR, J
Date: 24.09.2012 ES
Balala Hakkula Sangham
Government of A.P.
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
