Disposed

Veera Dharma Reddy Educational Society v. The State of Telangana and 3 others

Telangana HC24 Dec 2021WP/35218/2021

Case brief

AI extract

What is this about?

This petition challenged inaction regarding a school recognition application and sought suspension of a show cause notice. The Court directed the District Education Officer to dispose of the application after hearing the petitioner and an objecting school, with the petitioner granted liberty to rectify deficiencies.

What did the court decide?

Directed 2nd Respondent to pass orders on recognition application by hearing parties within 4 weeks; liberty granted to petitioner to rectify deficiencies.

Veera Dharma Reddy Educational Society Vs… — Pension and Retirement Benefits | Telangana HC (2021)

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HIGH COURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD

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(SPecial Original^{Jurisdiction)}

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FRIDAY ,THE^{TWENTY FOURTH DAY OF DECEMBER} TWO THOUSAND^{AND TWENTYONE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICEB.VIJAYSEN REDDY}

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wRl T PETITI^{ON NO:3 s2180F 2021}

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Between:

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Veera Dharma Reddy^{EducationalSociety,} Reo. bv its Secretary, V.^Goverdhan ed'abciut 39^years,- Occ^Teacher Reddv. S/o. V. Radha^{Krishna ReddyAg} Ryo. H.No.g-ZO, Erravally^{X Road' ltikyalaM} andal, Jogulamba Gadwal^District

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,,.PETITIONER

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AND

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The state of Telangana,^{Rep. by its secretary,Department of schoolEducation,} Secretariat, Hyderabad,^Telangana

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Secretariat, Hyderabad,^Telangana

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1. The Districi Education Officer,^{-JogulambaGadwal District,Telangana}

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The Mandal Education Officer,^{GidwalMandal, Jogulamba Gadwal District,} Telangana.

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Pramdela Devi Educational Society,^{Having its registered office at 1-8-78lLlGll,} Old Housing Board Colony, Gadwal, Jogulamba-Gadwal^{District,Telangana.} Rep. by its General Secretary, J.P, Pradeep Kumar.

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...RES'ONDENTS

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Petition under Article 226 ol the Constitutron of^{lndia prayingthat in the} circumstances stated in the affidavit filed therewith,^{the High Court may be pleased} to grant an order or direction or writ more^{particularlyone in the natureof Writof} l,4andamus declaring the inaction of 2nd Respondent in^{consideringthe online} application vide RNL20191 1^'1 665i U-Dise Code filed^{by the Petitioner Societyfor} recognition of Samskar School at Plot No. 30, New^H.B. colony,^{Gadwai for classes} Nursery to Vll (E/M), daled 311121201 9 as illegal, arbitrary^{and violativeof Rule 4(1} ) of G.O.Ms.No.'1 , Education (P.S.2) dated 0110111994^passed under^A.P, Educational lnstitutions^{(Establishment,} Recognition,^{Administration and Controlof} Schools under Private lr,4anagements) Rules, 1993 and as same^{is violativeof rights} of the Petitioner Society under Article 14 of the Constitution of^{lndia and} consequently DIRECT the 2nd Respondent to dispose of the application^{No. vide} RN120191 11665/U-Dise Code of the Petitioner Society.

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lA NO: 1 OF 2021

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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 pleasedto} SUSPEND the Show Cause Notice vide Rc.No.A1/4951021^{dated 1411212021issued} by 2nd Respondent as the same is violative of^{rules under G,O.lr/s.No.1,Education} (P.S.2) dated 01 101 11994.

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Counsel for the Petitioner : SRI A. NARASIMHA RAO Counsel for the Respondent Nos.1 to 3: SRI^{M.C.CHANDRASEKHARFOR}

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AGP FOR EDUCATION

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Counsel for the Respondent No.4:^-----

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION No.35218 of 2O2L

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ORDER:

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This writ petition is filed to^{declare the inaction of the 2nd} respondent in considering^{the online application submitted by the} petitioner as illegal and arbitrary'^{Show cause notice dated} 14.l2.2021was issued^{to the Samskar School,New Housing Board} Colony, Gadwal. It^{is alleged in the show causenoticethat the} competent authority^{has receivedcomplaints againstSamskar} School, which^{is being run withoutobtainingprior permission from} the authority.^{Further the Mandal EducationalOfficer' MP} Gadwal,hassubmittedreporttotheDistrictEducationalOf{icer' Jogulamba Gadwal,^{that the schoolis functioning with 83 students} from Classes I^{to V and the same was also informed to the Head} Masterandteacherstoclosetheschoolfornothavingpermission fromtheGovernment.Petitionerwascalledupontosubmit explanation^{within threedaYs.}

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Specifically, in^{the main relief, petitioner has not challenged} the said show^{cause notice. However, by way of interimrelief'} petitioner sought^{for suspension of the saidshow cause notice' In} the main relief,^{petitioner sought lor direction to respondentsto} dispose of^{its online applicationNo'RNL2O191i1665/U-DiseCode'} 3. Learned Assistant^{GovernmentPleader forEducation} submits that^{the proposai of the petitioner has been returnedvide} proceedings d'ated' 26.08.2021^{pointingout severaldeficiencies and} that petitioner^{has not submittedoriginal cha1lan, NSC Certificate}

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pledged with District^{trducational Officer Building and the sketch} plan etc.

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Learned counsel for^{the petitionersubmits that all the} deficiencies^{whatsoeverpointed out will be rectified and permission} be granted to the^{petitioner to submitfresh documents'}

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Learned counsel for^{the 4ft respondentSri T'Bala Mohan} Reddy, submits that^{the 4*' respondent may be permittedto} oppose tlle application^{of petitioner for grant of recognition as the} petitioner's proposed school^{is within the distance of 25O meters of} the school run by^{the 4or respondent and the same is contrary to} G.O.Ms.No.1, Education^{(P.S.2)dated 01.01.1994'}

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Learned counsel for the^{petitioner submits that relief to the} extent of show cause^{notice is not required as petitioner has} already stopped activities^{in the schooland undertakesnot to run} the school until fresh^{recognition is granted. Having regard to the} above, petitioner is^{granted libertyto rectify all the deficiencies} pointed out by the 2"d respondent'^{The respondentNo 4 is given} liberty to oppose the^{applicationof petitioner,if the same is not in} accordance with the^{Regulations and G.O.Ms'No'1dated} 01 .0 1. 1994.

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7 . Taking into consideration^{of the above submissions made by} respective counsels,^{the Writ Petition is disposedof directingthe} 2.d respondent-District^{Educational Officer, JogulambaGadwal} District to pass orders^{on the online application of the petitioner} for granting recognition^{by duly hearing the petitionerand} respondent No.4.^{The entire exerciseshall be completed by the 2"d} respondent within a^{periodof foui (+*t weeks from the date of}

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-3-

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receipt of copy of this order. Pending miscellaneous petitions, if

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any, shall stand closed. No Costs.

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,TRUE COPY'

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SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR lw'

SECTION OFFICER

To,

The Secretary, Department of School Education, State of Telangana,^Secretariat, Hyderabad, Telangana

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The District Education Officer, Jogulamba Gadwal^{District, Telangana.} 3. The Mandal Education Officer, Gadwal tr/andal, Jogulamba^{Gadwal District,} Telangana.

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