Dismissed

Akhil Bharatiya v. the State of Tg., Rep by Its Prl.Secretary and 3 Others

Telangana HC4 Feb 2021PIL/189/2015

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of multiple public interest litigations concerning the implementation of the Right to Education Act. The court closed these petitions by allowing petitioners to obtain paper books and assist in W.P. (PIL) No. 39 of 2020.

What did the court decide?

Petitions closed with liberty to obtain paper books and assist in W.P. (PIL) No. 39 of 2020.

Akhil Bharatiya Vs the State of Tg., Rep by… — Child Custody and Guardianship | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

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PIL NO: 74 & 189 OF 2015

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wP(PlL) NOS.52 0F 2018 AND 57 0F 2019

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PtL 74 0F 2015:

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Betwee n:

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COVA (Confederation Of Voluntary Association), Having its registered office at 20-4-10, Charminar, Hyderabad. Represented by its Director, Dr. Syed Nrlazher Hussain s/o.Late Dr. Syed Ather Hussain Aged about 56 years, Occ: Service r/o H No. 5-8-48/8/4, Basheer Bagh, Hyderabad.

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2 [,4ontfort Social lnstitute (MSl), Church Colony, Uppal, Hyderabad, Telangana 500039 Represented by its secretary, Varghese Theckanath s/o Mr. Esthappan T.V. Aged about 56 years, r/o Church Colony, Uppal, Telangana

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1. Dalit Bahugana Shramika Union, Having its office at 87, Flat G1, Skyylaxmi Nilayam, Apt Asha Officers Colony, R.K. Puram,Secundrabad,500035 Represented by its President G.Raja lingam s/o G.Mallaiah, Aged about 48 years occupation Daily wage worker (Colee) R/o H.No.12-14-448, Essika bavi, Ambedkar Nagar, Maulali, Lalapet, Hyderabad.

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...PETITIONERS

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AND

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1 The State of Telangana, Represented by its Principal Secretary, Department of School Education, Secretariat building, Saifabad, Hyderabad.

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2 The State Project Director,, Rajiv Vidya fi/ission, Opp. Lal Bahadur Stadium, Fateh Maidan, Hyderabad.

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3 The Commissioner and Director Of School Education, Telangana State, Khairtabad' Hyderabad

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...RESpoNDENrs

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.1 for non-issuance of the orders/ direction or Notification as per the Right of Children to free and Compulsory Education Act, 2009 for providing at least 25ok free seat to the Children belonging to the weaker section and disadvantaged group in neighborhood and provide free and compulsory education till its completion where the schools specified in Clause (n) of section 2 of the RTE 2009 Act impa(s pre-school education, the provision (c) shall be applied and as per orders of the Supreme Court of lndia in WRIT PETITION (C) No. 416 OF 20"12 as illegal, arbitrary, biased and unconstitutional and consequently direct

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the Respondents to issue d irections/o rd ernotif ication to all the unaided non minority Schools across the State of Telangana in the interest of justice

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PILMP. NO: 98 OF 2015

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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 to issue directions to the unaided non-minority schools to implement the Sec.1 2(1 )(c) of the Right of Children to free and Compulsory Education Act, 2009 for providing at least 25o/o free seat to the Children belonging to the weaker section and disadvantaged group in neighborhood and provide free and compulsory education till its completion where the schools specified in Clause (n) of section 2 of the RTE 2009 Act imparts pre-school education, the provision (c) shall be applied and Schools by complying Sec 12(3) of the Right of Children to free and Compulsory Education Act, 2009, pending disposal of the main Public lnterest Litigation

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PILMP. NO: 334 OF 2015

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Petition under Section^'1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the additional material papers in P.l.L,No. 74 ol 2015 in the interest of justice

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PILMP. NO: 350 OF 2015:

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Between:

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AND

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Telangana State Recognized School l/anaqements Association. Reo. bv its President Sri S. Sreenivas Reddy, S/o. late Chandra Reddy. Office 2-3-53i 1, Tulasinagar' Amberpet' Hyderabad ....pETrroNER/pRoposED RESpoNDENT No.4

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I ^C^O!A^(Cglfederation Of Voluntary Association), Having its registered office at 20-4-10, Charminar, Hyderabad. Represented tjy its Director, Dr. Sved Mazher Hussain s/o.Late Dr. Syed Ather Hussain Aged dbout 56 years, Occ: Service r/o H No. 5-B-48/B/A, Basheer Baqh, Hvderabad.

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1. Montfort Social lnstitute (MSi-), Ch'urch Colony, Uppal, Hyderabad, Telangana qqg099 Represent-ed by its.se^cretary,_Varghese Tiirickanaih s/o Mr. Esthappan T.V. Aged about 56 years, r/o Church Colonv. Uopal. Telanoana

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1. Dalit Bahugana Shiamika Union, Having iis ofiice at Bi Ftat G1. Skvvlaxmi Nilayam, Apt Asha Officers Colony, R.K.puram,Secundra6aO,SbOOg5 Represented by its President G.Ra.1a lingam s/o G.l,4allaiah, Aqed about 48 v"rrs occupation. Daily - wage worker (Colee) R/o H.No.12-14-448. Essika^'bavi, Ambedkar Nagar, Maulali, Lalapet, Hyderabad.

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rhe state orretansana, Represenred by its^principai S5:i"?13:B'"tJ:nHli":,-' _^{Sgho_olEducation, Secretariat building, Saifabad, Hyderabad.'} 5 Ih9 9tale. Project Director,, Rajiv Vidya l\rlission, Op'p. Lal Bahadur Stadium, Fateh l,ilaidan, H yderabad.

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6, The Commissioner and Drrector Of School Education, Telangana State, Khairtabad' Hyderabad

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...RES'.NDENTS/RES'.NENTS 4 ro 6

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Petition under Rule 16 A of writ Rules praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased ro permit the petitio ner/pro posed respondent No.4 to come on record as respondent No 4 in PIL No.74i2015

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Counsel for the Petitioners: SRI M. A. SHAKEEL

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-2-

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Counsel for Respondent Nos. 1 & 3: Gp FOR SCHOOL EDUCATION

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Counsel for Respondent No. 2: SRI G. BHASKAR

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Counsel for the Proposed Respondent: SRI S. S.NAGESWARAREDDy

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PIL NO: 1 I OF 2015

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Between:

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AKHIL BHARATIYA, VIDYARTHI PARISHAD Rep. by its State Secretarv. State of Telangana, J.Niranjan, S/o Narayanji. ruo a-'Saifanig;i'Frrti,'Vily';.is?i Hyderabad

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AND

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...PETITIONER

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1 I!:-lJllg:lrglgnsunq, B"p,^{oy PrincipatSecrerary. Depadment of Revenue,} Secretanat tsuildinqs, Hvdera bad.

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1. The State commisiion for, protection of child Rights, secretariat of relangana, At Hyderabad.

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3 The Commissioner & Director, of School Education Telangana, at Hyderabad. 4 The State Project Director,, Rajiv Vidya lr,4ission lSSn) feiang;na #yd";;;

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.,.RESPONDENTS

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Petition under Arricre 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly a writ of l/andamus declaring the inaction of the respondent rn implementing, the Right of children to Free and compulsory Education Act, 2009 as illegal and arbitrary and violation of Arlicle 21-A of Constitution of lndia and also violalion of the Right of Children to Free and Compulsory Ed ucation Act, 2009 & Rules 20',l0 and consequen y direct the respondents to implement the Right of children to Free and compulsory Education Act, 2009

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PILMP. NO: 297 oF 2015

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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 to implement the G.o.Ms.No .44, daled 30.07.20.,l0 in pursuant to the Right of children to Free and compulsory Education Act, 2009 issued by the State forthwith pending disposal of the Writ petition.

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PILMP. NO: 351 OF 2015

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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 respondent No. 1 to constitute such authority under Sec. 31 of Sub-Section 3 for monitoring of child's Right to Education for the purpose of performing the function specified in clauses (a) to (c) of Sub-section (1) of section 31 of the Right of children to free and compulsory Education Act, 2OO9 in the interest of justice Counsel for the Petitioner: SRI B. JITHENDER

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Counsel for Respondents: Gp FOR SCHOOL EDUCATION

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WP(PIL) NO: 52 OF 2018

/ Y

Between:

AND

!,^{Tlipqa Reddy S/o. Narsi Reddy, Atmakur VillageandMandal Wanaparthy} District relangana state 509 131 ..pETrroNER

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Urion Of lndia, Represented by its Ministry Human Resources Department (School Education) New Delhi.

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The State of Andhra Pradesh, represented by its Secretary, School Education Department, Secretariat, Amaravathi, Guntur District.

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The Commissioner and Director of School Education, Government of Andhra Pradesh, lbrahimpatnam, A.P. Vijayawada, Krishna District.

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The State of Telangana, represented by its Secretary, School Education Department, Secretariat, Hyderabad.

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The Commissioner and, Director of School Education, State of Telangana, Hyderabad.

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...RESPONOENTS

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Petition under Article 226 of the constitution of lndia praying that for the reasons stated in the Letter dated 30.09.2017 sent by the petitioner herein, the High court may be pleased to issue an appropriate writ order or orders more particularly one in the nature of writ of lvlandamus to call for records and remarks from the Respondents herein relating to in connection with non-implementation of RTE Act, 2007, Article 45 of the constitution of lndia which provides free and compulsory education to all the children of lndia upto the age of 14 years, within ten years and further failure of the states to complete their target, and Article 21-A was introduced through eighty-sixth Amendment to constitution and the Right of children to free and compulsory Education Act, 2009 came into force w.e.f. 01.04.2010. Hence, this Hon'ble court may be pleased to issue necessary directions to the Respondents herein for implementation of RTE Act, 2007 and to safeguard 100% free and compulsory Education Rights to the children upto 14 years as amended under Article 45 of the Constitution of lndia in the States of Telangana and Andhra pradesh For the Petitioner: LETTER

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Counsel for Respondent No. 1: SRI N. RAJESHWAR RAO

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ASSISTANT SOLICITOR GENERAL

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Counsel for Respondent Nos. 2 & 3: GP FOR HIGHER EDUCATTON (Ap) Counsel for Respondent Nos. 4 & 5: GP FOR HIGHER EDUCATION (TG) WP(PIL ) NO: 57 OF 2019

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Between:

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AND

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Vijay Gopal, S/o. Raghavan. Aqed. 30 years, Occupation. private Firm Emotovee and NGO _President, Addres^sr 12-13-1085t72, 3rd floor, St # 1 1 , ShirdiSai i,.Jagar. Tarnaka, Secunderabad - 500017, Telangana

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...pETt,oNER

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1 The State of Telangana, Rep.by its principal Secretary, School Education Department, Firsl Floor, D-Block, Telangdna Secretariat, easheerUagh,Hyderabad-500 022.

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2 The Commissioner and Director of School Education, School Education pgpartment, Telangana, 6-1-193, Khairatabad Market Rd Central Secretariat, Khairatabad Hyderabad, Telangana 500004.

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-h

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3 District Collestor Hyderabad-District, 5-8-505, Chirag Ali Lane, Abids,

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Hyoerabad, I etanoana 500001.

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District Education officer (DEo), Hyderabad District, Aariya Boys High schoor

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_ fllemige^s.^{Gunfoundry-Abids,NearLBStadium, Hyoeraojo} sdooor'^{-- --} "^{l]].jrl9! y9lt"Sror,HangareddyDisrrict. H No.6_2_1 0. Lakdikaput Rd, Lakdikaput.} Hyoeraoad. I elanqana 500004.

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6 District Education officer (DE*o) Rangareddy District. H.No.6-2-10, Lakdikapur Rd. Lakdikaput. Hyderabad, TeianganS - 500b04.

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,RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction,. more particularly one in the nature of writ of Mandamus, declaring the acts of Respondents in not implementing sections 1g, 19 of .The Right of children to Free and compulsory Act, 2009 Rules .r4, 27 and 28 of The Telangana Right of children to Free and compulsory Education Rules 2010 and Rule 18(a) of G.o.Ms.No.1 of 1994 as illegal, u nco nstitutio na I and in violation Art.14, Art.21A and Art.23 of lndian constilution and, consequenfly direct the respondents to -

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Publish Form-l (serf Decraration cum Application for schoor Recognition) of all the Private Schools in the state of relangana as mandated under Rule 14 of The Telangana Right of children to Free and compulsory Education Rules 2o1o issued vide G.O,lVs.No.14 , dated 22.02.2011

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Grant Private schools Recognitions only upon compriance of sections 1g & 19 of the Right of Children to Free and Compulsory Act, 2009

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Establish Right to Education^protection Authority (REpA) within 6 months as per Rule 27 of rhe Telangana Right of children to Free and compulsory Education Rules, 2010 rssued vide G.O.Ms.No.14, dated 22.02.2011

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strictly enforce Rule 1B(4) of G.o.r/s.No. 1 of 1994 where in due share to an extent of 65% (50% to the salaries and 'l 5% other benefits) of revenue is given to the staff of each private schools, there by upholding Art.23 of the staff in prjvate Schoo ls

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lA NO: 1 OF 2019

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Petition under Section i 51 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 to consider Representations to the Respondents dated 04.05.2019, requesting mandatory implementation of Sections 1g, 19 of rhe Right of children to Free and Compulsory Act, 2009; Rules 14, 27 and 2g of The Telangana Right of Children to Free and Compulsory Education Rules 2010; and Rule 18(a) of G.O.Ms.No.1 of 1994

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Counsel for the Petitioner: SMT. B. RACHNA

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Counsel for Respondents: GP FOR HTGHER EDUCATION

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The Court made the following: COMMON ORDER

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THE H ON'BLE THE CIIIEF JUSTIC E HIMA KOHLT ANI)

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THE H oN'BLE S RI JT,STI CE I]. 'I JAYSEN IIEDDY

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l,l L \o s.7.1 & I 89 of 2015 w.P. (PI L) No s. 52 of 2018 and 57 of20l9

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CO}1M On'O IIDER : (l'er the [lon'blc thc Chief .lusticc Hiura Kohli)

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i. In view of the fbct that the issue raised in these petitions is similar to rhat espoused in W.p. (pll) No.3g ot.2020, it is deemed appropriate to close these petitions with libeny grantecr to learned counsel for the petitioners in these petitions to assist the court in the captioned petition.

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Leamed counsel for the petitioners in the present petitions shall be entitled to approach learned counsel for the petitioner in the captioned petition to obtain a complete set of the paper book so as to assist the court eft'ectively. T'heir names shall be reflected in the cause list on the date when wp (plt.) No.3g of 2020 is listed in Court.

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'l'he present petitions are accordin_ulv disposed of along with the pending applications, i1. anv.

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Sd/- K. AMMAJI

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ASSISTANT REGIST R //TRUE COPY'

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To,

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SECTION OFFICER

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One CC to Sri M A Shakeel Advocate IOPUCI

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9n" 99^{t9 Srf} Q I^{NqseswaraReddyAdvocaie} tOpUCl J. Two CCs to GP For School Educatirin, High Court for the State of Telangana. [our] 4. One CC to Sri G. Bhaskar, Advocate (OPUC) q One CC to Sri B. Jithender, Advocate (OpUC) o. one cc to sri Namavarapu Rajesward Rao, Assistant Solicitor Generar (optJC) 7. Two CCs to GP For Higher Education (TG), High Court for the State of Telangana. [OUT] o. Two CCs to GP For H ig h_e_r Education (Ap), High Court of Andhra pradesh, Velagapudi, Amaravathi. [OUT] 9. One CC to Smt. B. Rachana Reddy, Advocate (OpUC) 10 Two CD Copies MBC

HIGH COURT

HCJ & BVR,J

DATED: 0410212021

1 H E TA
oJt
0 3 MAfl 2021
* l) t: p.51 *

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COMMON ORDER

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PIL NO: 74 & 189 OF 20'15 wp(prL) Nos.52 oF 2018 AND 57 OF 2019