The High Court disposed of a writ petition challenging the 2nd respondent's inaction regarding the 4th respondent's school setting up within prohibited radius and allowing admissions, refusing further orders due to pending connected petition.
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HIGH COURT FOR THE STATE OF TELANGANA
(Special Original J urisdiction)
FRIDAY, THE TWENTY FOURTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO i 29207 OF 2021
Between:
..PETITIONERS
AND
1 The State o-f Telangana, Rep., by its Principal Secretary, Department of School Education, Secretariat, Hyderabad.
...RESPONDENTS
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 grant an order or direction writ, more so in the nature of writ us declaring the inaction of the 2nd respondent herein in considering the representations made by the Petitioners herein dated 03.11.2021 .20.09.2021,02.09.2021 and 2910612020, against the 4th Respondent herein for setting up a school within the radius of 250 meters from the 2nd Petitioner school herein in contravention with Explanation (i) and (ii) to Rule 4(1) ot G.O.Ms. No. 1, Education Department (P.S.2) dated 01.01.1994 and further, allowing the 4th Respondent herein to take admissions with it, without any permission being granted to it by the 2nd Respondent. as being illegal, arbitrary and highhanded apart from being violative of Explanation (i) & (ii) to Rule 4(1) of G.O.Ms. No. 1 dated 01 .01.1994 and being violative of Article 14 of the Constitution of lndia consequently the 2nd Respondent to dispose the representations of the Petitioners herein dated 03.1 1.2021 , 20.Og.2O2O, 02.Og.2O11 and 29.06.2020, in terms of G.O.Ms. No. 1 dated 01.0'1 .'1994.
lA NO: 1 OF 2021
I
Petition under Se< tion 151 CPC praying that in the circumstances stated in the affidavit filed in support )f the petition, the High Court may bepleased to direct the Respondent Nos. 2 and 3 to close the school run by the 4th Respondent herein, as the same is set up ir contravention with Rule a (1) of G.O Ms. No. I dated 01 .0'1 .1994.
Counsel for the Petitior ers: SRI T. BALA MOHAN REDDY
Counsel for the Respor dent Nos. 1 to 3: SRI M.C. CHANDRASEKHAR FOR AGP FOR EDLICATION
Counsel for the Respor dent No.4: SRI A. NARASIMHA RAO
The Court made the fol owing: ORDER
HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No.29207 of2O2l
ORDER:
This writ petition is filed to declare the inaction of the 2.d respondent in considering the representations dated 03.11.2021, 2O.O9.2O21, O2.O9.2O2L and 29.06.2020 made by the petitioners against the 4th respondent for setting up a school within the radius of 250 meters from the 2"d petitioner school in contravention with Explanation (i) & (ii) to Rule a (1) of G.O.Ms.No. 1, Education Department (P.S.2) dated 01.01.1994 and further allowing the 4*, respondent to take admissions without any permission granted by the 2nd respondent as illegal and arbitrary and consequentlv to direct the 2n,l responderrt to dispose of the representations ol the I petitioners.
In view of the orders passed in W.p.No.352 1g of 2021, no further orders are required to be passed in this writ petition.
Accordingly, the Writ petition is disposed of. pending
m1scellaneous petitions, if any, shall stand closed. No Costs
SD/.K.SAILESHI
//TRUE COPY//
ASSISTANT REGISTRAR GD
SECTION OFFICER
To,
IVP SW
HIGH COURT
DATED:24112121 21
ORDER
WP.No.29207 o'2021
1 HE Sir,
co Zfr Jt..::t-12t-
',,
DISPOSING OI THE WRIT PETTTION WITHOUT COS TS
)t
I I
1 issue framed by the court
Whether the writ petition requires further orders given existing orders in W.p.No.35219 of 2021
Colour shows how this judgement treated each authority
W.p.No.35219 of 2021Followed¶29
Prameela Devi Educational Society
Vilaya Bharathi Upper Primary Thool
The State of Telangana
District Educational Officer
Mandal Educational Officer
Samskaar School
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
