Disposed

Independent Schools Management Ass., v. Special Chief Secy., School Education dept.

Telangana HC11 Mar 2022WP/1331/2018

Case brief

AI extract

What is this about?

Private-school fee disputes were disposed of with directions to consider representations from parents and schools and conclude issuance of instructions within three months. The court prohibited coercive action against the schools concerned under earlier fee-collection notices.

What did the court decide?

Representations permitted within two weeks; consideration and issuance of instructions directed within three months; coercive action under earlier school-fee notices prohibited.

Independent Schools Management Ass., Vs Special… — Education and Admissions | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD} (Special Original Jurisdiction)

¶2

FRIDAY ,THE ELEVENTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HONOURABLE THE CHIEF JUSTICE SATISH^{CHANDRA SHARMA} AND THE HONOURABLE SRIJUSTICE ABHINAND^{KUMAR SHAVILI}

¶5

WRIT PETITION PIL) NOS: 128 OF 2021 . WP NOS:¹³³¹ 3020 & 8117 0F 2018 17096 & 18166 0F 2014 25457 0F^{2016 &} WP(PIL) NOS: 4 & 149 OF 2016 AND^{77 OF 2019}

¶6

WP(PIL) NO: 128 OF 2021

¶7

Betwee n:

¶8

Hyderabad School Parents Association, Rep by^{its_ Joint Seclary Kadapa} V6nkat Sainath Aged. 40^years, Occupation.^{Private Employee, Office at Flat} No.201, Jaya Krishna Apts, Rajeevnagar^{Yousufguda Post, Hyderabad.}

¶9

...PETITIONER

¶10

AND

¶11

The State of Telangana, Rep. by its Prrnciple^{Secretary, School Education} Department, Telangana Secretariat,^{Hyderabad-500022}

¶12

The Director of School Education, Rep. by its^{Director, Hyderabad-500022.}

¶13

Union of lndia, Rep by its Principle Secretary^{Department of School Education} and Literacy, Ir/inistry of Human Resource Development^{217-C, Shasthri} Bhavan, New Delhi-1'1 0001

¶14

Central Board of Secondary Education, Rep by its Chairperson,Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110092.

¶15

The Telangana Recognized School Management^{Association, Rep by its} Genera Secretary, 4-202, Meerpet X Roads, lVeerpet^{Village, Balapur} It/landal, Ranga Reddy District, Telangana State 500097.

¶16

lndependent Schools Management Association, Rep by its Secretary4-102, Suchitra Junction, Medchal Road, Jeedimetla, Hyderabad^- 500067.

¶17

...RESPONDENTS

¶18

Petition under Article 226 of \he Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of lr,4andamus or any other appropriate writ declaring,

¶19

Writ of Mandamus declaring that in the absence^{of a RegulatoryN4echanism to} regulate school fee of^private unaided schools^{in the state of Telanganagives rise} to arbitrary discretion^powers to^private unaided^{schools to determinetuitionfee} and other fee components, which is arbitrary^{in naturein violationof article14 and} article 21A Right to education of lndian Constitution^{and in violation of provisions} of Telangana Educationat lnstitutions(Regulatlon of Admissions^{and Prohibition of} capitation Fee) Act 1983 and Telangana Education^{Act 1982and consequently} direct respondent No. 1 and 2 herein to come up^{with a regulatory mechanismto} regulate school fees of^private unaided schools in the^state of^Telanganato prevent profiteering and commercialization in school education.

¶20

Direct the respondent Nos. 1 and 2 to modify the^{G.O. Rt. No. 75, dated} 2810612021 , whereby 4Opercentage of tuition fee can^{be collected by the private} unaided schools for the academic^year 2021-2022 as Covid^{19 pandemicrelief.}

¶21

Direct the respondent N6. I and 2 to^{publishin public domain the Report of} Thirupathi Rao Committee constituted vide G.O.^{Rt. No 37 dated.2110312017.}

¶22

lA NO: 1 OF 2021

¶23

Petition under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^petition, the High Court^may be^{pleased to direct} the Direct the respondent No.^"1 and 2 to^publish in^public domain the^{Report of} Thiruphi Rao Committee constituted vide G.O. Rt. No 37 daled.2110312017.

¶24

lA NO: 2 OF 2021

¶25

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to direct the respondents No.1 and 2 to modify the G.O. Rt. No. 75, dated 28-06-202'1 , whereby 40 percentage of tuition fee can be collected by the^private unaided schools for the academic year 2021-2022 as Covid 19^pandemic relief.

¶26

Counsel for the Petitioner:SRl. YAKARAPU SHEELU

¶27

Counsel for the Respondent Nos. 1 & 2: GP FOR EDUCATION/ ADDL. ADVOCATE GENERAL

¶28

Counsel for the Respondent No. 3: SRl. N. RAJESHWAR RAO, ASST. SOLICITOR GENERAL

¶29

Counsel forthe Respondent No.4: SMT. A. CHAYADEVI

¶30

Counsel forthe Respondent No. 6: SRl. BODDULURI SRINIVAS RAO

¶31

Counsel for the Respondent No. 5: NONE APPEARED

WP NO:1331 OF 2018

Betwee n:

lndependent Schools lvlanagement^{Ass.,,Representedby its-} -s-e-cretary' # 4-i02, Suchitra^junction Medchal^{Road, Jeedimetla, Hyderabad-500067'}

¶36

,..PETITIONER

¶37

AND

¶38

State of Telangana, Department^{of School Education, Rep.by its specialChief} Secretary, Secretariat, Hyderabad.

¶39

The Commissioner and^{Direct of School Education, Stateof Telangana,} Lakdikapool, Hyderabad.

¶40

The Regional Joint Director^{of School Education, Lakdikapool, Hyderabad}

¶41

,..RESPONDENTS

¶42

Petition under Article 226^{of the constitutionof lndiapraying that in the} circumstances stated in the^{affidavitfiled therewith, the High court maybe} pleased to issue an order, direction, or writ,^{more particularlyone in the nature of} writ of Mandamus,^questioning the^{memodated 04-01-20'18of the 1st responded} for being illegal, arbitrary and^{contrary to the provisions of the Telangana State} EducatiJnal Act,i 9B2,the^{Telangana State Educational lnstitutions( Regulationof} admission and Prohibition^{of capitation Fee) Rules, 1983,the Rightof childrento} Free and compulsory Education^{Act,2009, contraryto the ratioof the judgmentsof} the Hon'ble Supreme Court^{in Ttr,4A Pai ((2002) B SCC481),lslamicAcademy} case (2003) 6 SCC 697),^{Modernschool case (2005) SCC 583 and judgment of} this Hon'ble Court in Nalanda^{Educational Society case(2011(2) ALD163(DB))} and u nco nstitutio na I and consequently^{set aside the memo dated 04-0 1-2018}

¶43

lA NO:^'l OF 2018

¶44

Petition under section 151 CPC^{prayingthat in the circumstancesstated in} the affidavit filed in support of the^{petition,the High court maybe pleased to stay} the operation of the tt/emo of the^{1st respondentdated04-01-2018,pending} disposal of the writ^petition.

¶45

lA NO: 2 OF 2018

¶46

Between:

¶47

State of Telangana, Department of School Education,^{Rep.by its special Chief} Secretary, Secretariat, Hyderabad.

¶48

The Commissioner and Direct of School^{Education, State of Telangana,} Lakdikapool, Hyderabad.

¶49

¶50

The Regional Joint Director^{of School Education,Lakdikapool, Hyderabad}

¶51

...PETITIONERS/RESPONDENTS

¶52

AND

¶53

lndependent Schools Management^{Ass.,,Representedby its,} -s-e-cretary, # 4-402, Suchitra^{junctionMedchal Road, Jeedimetla, Hyderabad-500067.}

¶54

...RESPONDENT/vvRIT PETITIONER

¶55

Petition under Section 151 CPC^{praying thatin the circumstancesstated in} the affidavit filed in support of the^{petition, the High Court may be pleasedto} vacate the interim order^{granted on 22.01.2018in l.A.No. '1 of 2018in W.P.No.} 1331 of 2018,

¶56

lA NO: 3 OF 2018

¶57

Between:

¶58

H.S. Parents Association, Yousufguda,^{Rep. by its General Secretary,Sri. N. Ravi} Kuamr, S/o. N. Mohan Rao, at^{H.No. B-3-167/R, Plot No.45and 45A'Flat No.201,} Jayakrishna Apartments, Rajeev^{Nagar Yousufguda, Hyderabad (Society Regn.No.} 109 of 2001)

¶59

...PETITIONER/PROPOSED RESPONDNET^{NO. 4}

¶60

AND

¶61

1 lndependent Schools Management^{Ass.,,Representedby its secretary,} # 4-102, Suchitra^junction Medchal Road,^{Jeedimetla, Hyderabad-500067.}

¶62

....RESPONDENT/PETITIONER

¶63

State of Telangana, Department of School^{Education, Rep.by its specialChief} Secretary, Secretariat, Hyderabad.

¶64

The Commissioner and Direct of School^{Education, Stateof Telangana,} Lakdikapool, Hyderabad.

¶65

The Regional Joint Director of School Education,^{Lakdikapool, Hyderabad}

¶66

...RESPONDENTS/RESPONDENTS

¶67

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to permit the Petitioner/ Proposed Respondent No.4 to implead in the above Writ Petition No.1331 of 2018 as party Respondent No.4 in the interest of^justice

¶68

)

¶69

IA NO: 1 OF 2019

¶70

Petition under Section^{151 CPC praying that in the circumstances statedin} the affidavit filed^{in supportof the peiition, the High Court may- be pleased to} fermit^{the schools of the petitioner association to withdraw the fundsthat were} deposited by them^{in separate Bank accounts'}

¶71

Counsel for the Petitioner:SRl.^{SRINIVASA RAO BODDULURI}

¶72

Counsel for the^{Respondents:GP FOR SCHOOL EDUCATION}

¶73

Counsel for the^{Proposed Respondent:M/S' KALPANA EKBOTE}

¶74

WP NO: 3020 0F 2018

¶75

Betwee n:

¶76

1 CGR lnternational^{School, 99-100,Ayyappq SqcieJVMadhapur' Hyderabad} R"p tt i6 s;aietary^{and correspondehi lr'4r'cAbhishek Reddv}

¶77

2 C.Abhishek Reddy,^{S/o C.Gangi Reddy A.ged about,33 years'Occ Business} C/o 99-100, Ayyafpa^{Society,IVladhapur,Hyderabad}

¶78

...PETITIONERS

¶79

AND

¶80

1 The State of Telangana,^{Department of SchoolEducation' Rep by its Special} Chief Secretary,^{SecretariatBuildings, Hyderabad}

¶81

2 The commissioner^{and Director of School Education,state of Telangana'} Lakdikapool, HYderabad

¶82

¶83

The Regional Joint^{Director of School Education, Lakdikapool, Hyderabad'}

¶84

...RESPONDENTS

¶85

Petition under^{Article 226 oI the constitutionof lndiapraying that in the} circumstances stated^{in the affidavit filedtherewith, the High court maybe} pf"ri"a to issue an Order,^{Direction,or more particularlyone in the natureof Writ} Lf N/andamus declaring^{the lvlemo dated 04-01-2018 issuedby the 1st respondent} as being illegal,^{arbitriry,u ncon stitutionaland contrary to the provisions of Act,} 1982, A;t, tdgg, Rct,^{z0bgand the Rules issued thereunderand contraryto the} judginents of the Honorable Supreme^{Court and this Honorable Court and} ton"sequentty set aside^{the tvlemo dated04-01-2018issuedby the 1st respondent} and declare that^{the petitioners are entitled to fix and collect the fee as per the} expend iture incurred.

¶86

¶87

lA NO: 1 OF 2018

¶88

Petition under Section 151 CPC^praying that in the^{circumstancesstated in} the affidavit filed in support of the^petition, the High Court^{may be pleasedto} permit the petitioners to collect the fee as fixed by the petitioners by suspending the Memo of the 1st respondent dated 04-01-2018 in^so far as^{petitioner is} concerned, pending disposal of the writ^petition.

¶89

lA NO: 2 OF 2018

¶90

Between:

¶91

The State of Telangana, Department of School Education, Rep by its Special Chief Secretary, Secretariat Buildings, Hyderabad

¶92

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

¶93

The Regional Joint Director of School Education, Lakdikapool,^Hyderabad.

¶94

,.PETITIONERS/RESPONDENTS IN WP

¶95

AND

¶96

CGR lnternational School, 99-100, Ayyappa Society Madhapur, Hyderabad Rep by its Secretary and Correspondent Mr.C.Abhishek Reddy

¶97

C.Abhishek Reddy, S/o C.Gangi Reddy Aged about 33^years, Occ. Business C/o 99-100, Ayyappa Society, Madhapur, Hyderabad

¶98

,..RESPONDENTS^^/RIT PETITIONERS

¶99

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 vacate the interim order^granted on^'1 .02.2018 in l.A.No.'1 of 2018 in W.P.No.3020 of 2018 in the interest of^justice.

¶100

Counsel for the Petitioners:SRl. P PANDU RANGA REDDY

¶101

Counsel for the Respondents: GP FOR SCHOOL EDUCATION/

¶102

ADDL ADVOCATE GENERAL

¶103

WP NO: 8117 OF 2018

¶104

Between:

¶105

Gautami Vidya Kshetra, Gautami Valley, Deepthisrinagar, Madinaguda, Hyderabad Rep by its Secretary and Correspondent Smt, K.R.Swetha.

¶106

Canary The School, H.No. 1-1111311, Madinaguda, Serilingampally, Rangareddy District Rep by its Secretary and Correspondent C.Aravind Reddy

¶107

¶108

C.Aravind Reddy, S/o^{RamakrishnaReddy-Aged about34 years'.Occ-} - gusiness, H.ruo. i-titlSll , Madinaguda, Serilingampally, Rangareddy District Rep by its Secretary^{and Correspondent C Aravind Reddy}

¶109

,..PETITIONERS

¶110

AND

¶111

l.ThestateofTelangana,DepartmentofSchoolEducation'RepbyitsSpecial Cniei Secretary,^{Sdcretariat Buildings' Hyderabad}

¶112

2'TheCommissionerandDirectorofSchoolEducation,StateofTelangana' LakdikaPool, HYderabad

¶113

3.TheRegionalJointDirectorofSchoolEducation'Lakdikapool'Hyderabad'

¶114

..,RESPONDENTS

¶115

Petition under^{Article 226 of the constitutionof lndiapraying that in the} circumstancesstatedintheaffidavitfiledtherewith,theHighcourt.maybe pleasedtoissueanappropriateWrit,orderor.Directronmoreparticularlyonein the nature of writ^{of vanJamur, dectaring the Memo dated 04- 01-2018 issuedby} the 1st respondent^{as being illegal, arbitiary, u ncon stitutional and contraryto the} provisions of Act, 1982, nci,^{f S-BS,Act, 2ObSand the Rules issued there under} lnd contrary to^{the judgmentsof the Hon'ble SupremeCourt and this Hon'ble} aside the tr/emo^{dated 04-01-2018lssued by the 1st} corrt ,no "tn."qruntlylet ,*p""0".t and^{declare that the petitioners are entitled to fix and collect the fee as} per the expend iture incurred.

¶116

lA NO: 1 OF 2018

¶117

PetitionunderSectionl5lcPCprayingthatinthecircumstancesstatedin the affidavit filed^{in supportof the peiition,the High Court may be pleased to} permitthepetitionerstocollectthefeeaSfixedbythepetitionersbysuspending ih" 14".o of the^{1st respondentdated 04-01-2018in so far as petitionersare} concerned,^{pending disposalof the writ petition}

¶118

IA NO | 2 0F 2018

¶119

Between:

¶120

The State of^{Telangana, Department of School Education, Rep by its} Sp"ciji Cniet Secr6tary,^{Se;retariat Buildings, Hyderabad}

¶121

The commissioner^{and Director of School Education,state of Telangana,} Lakdikapool, HYderabad

¶122

The Regional^{Joint Director of School EdUcation, Lakdikapool, Hyderabad.}

¶123

-..PETITIONERS/RESPONDENTS^{IN WP}

¶124

AND

¶125

1 GautamiVidyaKshetra,GautamiValley,Deepthisrinagjlr,Madinaguda' HvJeiJnaO R6p by^{its Secretary and CorredpondentSmt K R Swetha}

¶126

¶127

Canary The School, H.No. 1-1111311, Madinaguda. Serilingampally, Rangareddy District Rep by its Secretary and Correspondent C.Aravind Reddy

¶128

C.Aravind Reddy, S/o Ramakrishna Reddy Aged about 34^{years, Occ-} Business, H.No. 1-'1 111311,ltAadinaguda, Serilingampally, Rangareddy^District Rep by its Secretary and Correspondent C.Aravind Reddy

¶129

.,.RESPONDENTS/v,RIT PETITIONERS

¶130

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to vacate the interim order granted o 3.03.2018 l.A.No.t7of 2018 in W.P.No.8117 f 2018 and dismiss the Writ Petition.

¶131

Counsel for the Petitioners:SRl. P PANDU RANGA REDDY

¶132

Counsel for the Respondents: ADDL ADVOCATE GENERAL/

¶133

GP FOR SCHOOL EDUCATION

¶134

WP NO: 17096 OF 2014

¶135

Between:

¶136

The Telangana Private (Un-Aided) Schools Managements Association, H.No.2-3-33lA, Tulasi Nagar, Amberpet, Hyderabad. Rep.by its President.

¶137

...PETITIONER

¶138

AND

¶139

The State, Rep.by the Principal Secretary to Govt. of Telangana, School Education Department, Secretariat, Hyderabad.

¶140

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

¶141

The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Hyderabad District, Hyderabad

¶142

The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Ranga Reddy District, Hyderabad.

¶143

The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Khammam District, at Khammam-

¶144

The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Warangal District, At Warangal.

¶145

The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Nalgonda District, At Nalgonda.

¶146

B. The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Karimnagar District at Karimangar.

¶147

¶148

g.TheDistrictCollector-cum-ChairmanoftheDistrictFees,Regulatory Committee, Adilabad^{District,At Adilabad'}

¶149

The District Collector-cum-Chairman^{of the DistrictFees'Regulatory} Committee,^{Nizamabad District,At Nizamabad'}

¶150

11.The District^{Collector-cum-Chairman of the DistrictFees' Regulatory} Comhittee,^{I\4edak District, At Sanga Reddy'}

¶151

12.The District^{Collector-cum-Chairman of the DistrictFees'Regulatory}

¶152

Co;miti;, trllahaboobnagar District, At Mahaboobnagar'

¶153

'13.The District Educational Officer, Hyderabad^{District at Hyderabad'}

¶154

14.The District Educational^{Officer, Ranga Reddy District at Hyderabad}

¶155

15.The District Educational^{Officer, Khammam District at Khammam'}

¶156

'1 6.The District Educational Officer, Warangal^District'

¶157

17.The District^{EducationalOfficer, Nalgonda District'}

¶158

1 8.The District^{Educational Officer, Karimnagar District}

¶159

19.The District^{Educational Officer,Adilabad District'}

¶160

20.The District^{EducationalOfficer, Nizamabad District'}

¶161

21 . The District^{EducationalOfficer, Mahaboobnagar District'}

¶162

The District Educational^{Officer, Medak District'}

¶163

...RESPONDENTS

¶164

Petition under^{Article 226 of the constitutionof lndiapraying that in the} circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe ;i";;;;^{i" issue writ or direction particularly in the nature of mandamusor any} other apProPriate^Writ'

¶165

A).TodeclaretheG.O.Ms.No.42,dated,307'2010'onthefileofthelst iJrpono"r,t as^{illegal, void, arbitrary and violating the Rightof children to Free and} Cofiprirorv^{Educition Act, 2009, A.p.Education_Actandrulesframedunderthe} said,act,notn"judgmentofHonb.leSupremeCourlreportedin(2002)BSCC481.

¶166

B).Consequently,toset-asidetheG,o.MS.No.42,dated30.7'20l0,onthefileof the 1st respondent.

¶167

C). Consequently, to^{restrain respondents 13 to 22 from insistingupon the} members oi tn" f"tition"r^{associationto implementthe fees structure stipulatedin} G.O.Ms.No.42, dated,^{90.7.2010, on the file of the 1st respondent}

¶168

¶169

l.A. NO: 1 oF 2014^{WPMP. NO:21398 0F 2014}

¶170

Petition under Section^{'1 51 CPC praying thatin the circumstancesstated in} the affidavit filed^{in support of the petition, the High court may be pleasedto direct} the respondents^{13 io 22 from insisting upon the membersof the petitioner} associaiion to implement^{the feesstructure stipulatedin G,O.Ms. No.42, dated,} 30.7.2010, on the^{file of the 1st respondent pending disposalof the writ petition.}

¶171

l.A. NO: 1 OF 2015^{(WVMP.NO:4229 OF 2015)}

¶172

Between:

¶173

The State,^{Rep.by the Principal Secretary to Govt' of Telangana, School} Education Def arthent,^{Secretariat, Hyderabad.}

¶174

The Commissioner^{& Directorof School Education,Telangana State,} Hyderabad.

¶175

Thti District Collector-cum-Chairman^{of the District Fees, Regulatory} Committee, Hyderabad^{District, Hyderabad}

¶176

The District Collector-cum-Chairman^{of the District Fees, Regulatory} Committee, Ranga^{Reddy District, Hyderabad.}

¶177

The District Collector-cum-Chairman^{of the District Fees, Regulatory} Committee,.Khammam^{District, at Khammam.}

¶178

The District Collector-cum-Chairman^{of the District Fees, Regulatory} Committee, Warangal^{District, At Warangal.}

¶179

The District Collector-cum-Chairman^{of the District Fees, Regulatory} Committee, Nalgonda^{District,At Nalgonda.}

¶180

B. The District Collector-cum-Chairman^{of the District Fees, Regulatory} Committee, Karimnagar^{District at Karimangar.}

¶181

The District Collector-cum-Chairman^{of the District Fees, Regulatory} Committee, Adilabad^{District, At Adilabad.}

¶182

10.The District Collector-cum-Chairman^{of the DistrictFees'Regulatory} Committee, Nizamabad^{District,At Nizamabad.}

¶183

'1 1 . The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Medak^{District, At Sanga Reddy.}

¶184

The District Collector-cum-Chairman^{of the District Fees, Regulatory} Committee, Mahaboobnagar^{District, At Mahaboobnagar'}

¶185

13.The District Educational Officer, Hyderabad^{District at Hyderabad.}

¶186

14.The District Educational Officer,^{Ranga Reddy District at Hyderabad.}

¶187

15.The District Educational Officer,^{Khammam District at Khammam}

¶188

16.The District Educational Officer,^{WarangalDistrict.}

¶189

¶190

1 7. The District^{EducationalOfficer, Nalgonda District'}

¶191

1B.The District^{EducationalOfficer, Karimnagar District}

¶192

19.The District^{Educational Officer,Adilabad District'}

¶193

The District^{EducationalOfficer, Nizamabad District'}

¶194

21.The District^{EducationatOfficer, Mahaboobnagar District'}

¶195

22.The District^{EducationalOfficer, Medak District'}

¶196

.,.RESPONDENTSMRIT^PETITIONERS

¶197

AND

¶198

The Telangana^{Private (Un-Aided)Schools ManaqementsAssociation'} H. No. 2-3-33/A.^{f ,f u.i f'l*Igr'i n,Oerpet,UVaerabadRep' by its President'}

¶199

... RESPO NDENT/^/RIT^PETITIONER

¶200

PetitionunderSection,l5lcPcprayingthatinthecircumstancesstatedin the affidavit^{filed in suppoiof tne petitibn inu n'.nl Court mayU9 qt991e{-y3cate} the interim^{ordergrantedon z6.oo'zor+ in WPIuFNo 2139B ol 2014 inWP No'} 17096 of 2014

¶201

Counsel^{for the Petitioner:SRl'S S'NAGESWARAREDDY}

¶202

Counsel for^{the Respondents:GP FOR SCHOOL EDUCATION}

¶203

WP NO:^{18166 0F 2014}

¶204

Betwee n:

¶205

1 i."iXir.ni,iils)J.'F"trruiri,, Nexoen Educational^{Trust, adSo rep. unl"t by its^ Secretary zb vears'R/6 Plot &correspondentNo 304' Kasitv} Heigtits, Ayyappa^{Trust, Madhapur, HyoeraDao-dI}

¶206

2 Bhashvam Educational^{society, rep. by lts Secretary&, correspondent,} ^B' "d;:''?;ir[;;,^"i;;. n#i''h"ol Aled about 44 vears'^{R/o 4-4-104'} Chandramoulinagar,^{3rd Lane, Guntur, Gunturulslrlcl'}

¶207

3 Naravana ffii;{;;;r-ri;, Educational^{'irlrl noi*.iijianl society, rep, as6a 7s-vears' by its Secretary F/o &, 1s' correspondent, Balajitr'4anoharR'} A;;;6;"i, Magunta^{Layout, Nellore, Nellore District'}

¶208

...PETITIONERS

¶209

AND

¶210

1 The State of^{Telangana, rep by its Principal Secretaryto Government' School} Ed ucatio n Departmient,^{Secretariat, Hyderabad'}

¶211

2 The Commissioner^{and Director of School Education,Telangana State,} Hyderabad.

¶212

3 The District collector-cum-chairman,^{DistrictFees, Regulatorycommittee,} Hyderabad District,^HYderabad.

¶213

¶214

The District Collector-cum-Chairman, District Fees, Regulatory Committee, Rangareddy District, Hyderabad.

¶215

The District Collector-cum-Chairman, District Fees, Regulatory Committee, Medak District, at Sangareddy.

¶216

The District Educational Officer, Hyderabad District, at Hyderabad.

¶217

The District Educational Officer, Rangareddy District, Hyderabad.

¶218

...RESPONDENTS

¶219

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 Mandamus declaring the G.O.Ms.No.42, daled 30.07.2010 as illegal, arbitrary, unconstitutiona l, void and violating the Right of Children to Free and Compulsory Education Act, 2009, A.P. Education Act and rules framed under the said Act and the Judgment of Honble Supreme Court reported in (2002) 8 SCC 4Bl and Consequently to set-aside the G.O.Ms.No .42, daied 30.07.2010.

¶220

l.A. NO: 1 OF 2014(WPMP. NO: 22783 OF 2014)

¶221

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 restrain the respondents herein from insisting upon the^petitioners to implement the fees structure stipulated in G.O.Ms.No. 42 dl. 30.07.2010, by suspending the G.O.Ms. No. 42, dated 30.07.2010 pending disposal of the above writ petition

¶222

l.A. No: 1 oF 2qt5tUVUP.1{o-:1228 of 2015)

¶223

Between:

¶224

The State of Telangana, rep. by its Principal Secretary to Government, School Education Department, Secretariat, Hyderabad.

¶225

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

¶226

The District Collector-cum-Chairman, District Fees, Regulatory Committee, Hyderabad District, Hyderabad.

¶227

The District Collector-cum-Chairman, District Fees, Regulatory Committee, Rangareddy District, Hyderabad.

¶228

The District Collector-cum-Chairman, District Fees, Regulatory Committee, Medak District, at Sangareddy.

¶229

The District Educational Officer, Hyderabad District, at Hyderabad.

¶230

The District Educational Officer, Rangareddy District, Hyderabad.

¶231

...PETITIONERS/RESPONDENTS

¶232

¶233

AND

¶234

1 Corre^spondent Nexgen Educational Trust, rep. by its^Secretary -& T. Jiyachand, Sio. Perumallu, aged about 70^{years,Rl/o.Plot No.304, Kasity} Heights, Ayyappa Trust, lVadhapur,^Hyderabad-Bl

¶235

2 Bhashyam Educational Society,^{rep. by lts Secretary&, Correspondent,} -B' Rama^- Krishna, S/o. Rama ' Rao, Aged about 44 years, Fyo.4-4-104' Chandramoulinagar, 3rd Lane,^{Guntur, GunturDistrict.}

¶236

3 Narayana Educational Society,^{rep. by its Secretary &, Correspondent.R'} Kote6wara Rao, S/o. Adisesl'iaiah,^{agedZS years, R/o.1S, BalajiManohar} Apratment, tt4agunta Layout,^{Nellore, NelloreDistrict.}

¶237

...RESPONDENTSM/RIT^PETITIONERS

¶238

Petition under Section 151^{CPC praying thatin the circumstances statedin} the affidavit filed in support^{of the petition,the High court maybe pleasedvacate} the interim order^{granted on 03.07.2014 in wPIMPNo. 22783oI 2014in wP No.} 18166 of 2014

¶239

Counsel for the Petitioners:SRl.^{T RAJENDRAPRASAD}

¶240

Counsel for the Respondents:^{GP FOR SCHOOL EDUCATION}

¶241

WP NO: 25457 OF 2016

¶242

Between:

¶243

vidvaranva Educational societv a^{society registered. underthe Societies} Redistration Act, 1860, having-^{its registeredbffice at H.No.5-9-20,Green} Gales, Saifabad, Hyderabad^{--SOOOOS,Telangana Statgr represented by its} President Dr.Nandini Rao vide authorization^{letter dt 1810712016.}

¶244

...PETITtONER

¶245

AND

¶246

State of Telangana, represented by^{its Principal Secretary to the School} Education Department, Secretariat,^Hyderabad

¶247

Regional Joint Director of School^{Education, Hyderabad.}

¶248

...RESPONDENTS

¶249

Petition under Article 226 of the^{Constitution of lndia praying that in the} circumstances stated in the affidavit^{filed therewith, the High Court maybe} pleased to issue an order, direction^particularly one in the^{nature of writ of} mandamus or any other appropriate writ.

¶250

a) To declare the impugned notices dated^{06.07.2016and 20.02.2016issued by} the 2nd Respondent as null and void and^{without directionor authorityof law} being contrary to the directions issued^{by the Division Bench of Hon'ble High Court} of Andhra Pradesh in the case of^{Nalanda Educational Society, Kondapur,}

¶251

1.+

¶252

Hyderabad vs. Government of Andhra Pradesh and others reported in 2011(2) ALD 163 ( DB).

¶253

b) To declare the impugned G.O.Ms. No.1 Edn, Dept., dated 01.01.1994 is inapplicable to the schools run by Education Society which are not covered by the said G.O.Ms. No.1 Edn, Dept., dated 0'1 .01.1994.

¶254

c) To declare further G.O.Ms.No.91 dated 06.08.2009 and G.O.l/s. No.1 Edn, Dept., dated 01.01.1994 are unconstitutiona I as applied to the Petitioner's school being in violation of Article 19⁽¹⁾ (g) of Constitution of lndia and also being against the ratio laid down by Hon'ble Supreme Court in the cases of A) Unni Krishnan J.P. and others vs. State of A.P. and others reported in 1993⁽¹ ) SCC 6a5; B) T.M.A PAI Foundation and others vs. State of Karnataka reported in (2002) B SCC 481; C) lslamic Academy of Education and another vs. State of Karnataka and another reported in (2003) 6 SCC 697; D) P.A. lnamdar and others vs. State of Maharastra and others, reported in (2005) 6 SCC 537 and also the ratio laid down by the Division Bench of Hon'ble High Court of Andhra Pradesh in the case of Nalanda Educational Society, Kondapur, Hyderabad vs. Government of Andhra Pradesh and others reported in 2011(2) ALD 163 ( DB).

¶255

l.A. NO: 1 OF 2016(WPMP. NO:31448 OF 2016)

¶256

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 stay any action by Respondent No.2 pursuant to the notices dated 20.02.2016 and 06.07.2016 pending disposal of the writ petition.

¶257

l.A. NO: 1 OF 2017(WVMP. NO: 1336 OF 2017)

¶258

Between:

¶259

State of Telangana, represented by its Principal Secretary to the School Education Department, Secretariat, Hyderabad.

¶260

Regional Joint Director of School Education, Hyderabad

¶261

...PETITIONERS/RESPONDENTS

¶262

AND

¶263

Vidyaranya Educational Society a society registered. under the Societies Registration Act, 1860, having its registered office at H.No.5-9-20, Green Gates, Saifabad, Hyderabad - 500 063, Telangana State, represented by its President Dr.Nandini Rao vide authorization letter dt. 1810712016.

¶264

..RESPONDENT/WRIT PETITIONER

¶265

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 vacate the interim order passed on 3.8.2016 in W.P.lV.P.No. 31448 of 2016 in W.P.No. 25457 of 2016.

¶266

¶267

Counsel for the Petitioner:SRl. M S SRINIVASA IYENGAR

¶268

Counsel for the Respondents: ADDL^{ADVOCATE GENERAL/} GP FOR SCHOOL EDUCATION

¶269

WP(PIL) NO: 4 OF 2016

¶270

Betwee n:

¶271

H.S. Parents Association, Yousufguda,^{rep by its General SecretarySri N.} Ravi Kumar, S/o. N. Mohan Rao^{A1 H.No.B-3-167/R,Plot No.45and 45AFlat} No.201, Jayakrishna Apartments Rajeev^{Nagar, Yousufguda,Hyderabad} (Society Regn.No. 109 of 2001.)

¶272

...PETITIONER

¶273

AND

¶274

State of Telangana, Rep. by its Principal^{Secretary Department of Schlll^} Education Sec'retariat, tank Bund Robd,^{Hyderabad 500 022. (Phone: 040-} 23459287)

¶275

The Commissioner and Director Directorate^{of School, Education Government} of Telangana Lakd kapool, Hyderabad.

¶276

The Deputy Educational Officer,^{KhairatabadZone K hairatabad, Hyderabad.} (Phone: 9989023557)

¶277

Oakridge lnternational School,^{(Khajaguda NeMol Campus), Nanakramguda} Road, Near Lanco Hills, Khajaguda, Hyderabad,^{Telangana - 500 008.}

¶278

Rockwell lnternational School,^{(Jubilee Hills), Plot No.727, RoadNO'36'} Jubilee Hills, Hyderabad, Telangana^{- 500 033.}

¶279

Hyderabad Public School^{(Begumpet),1-11-87 & 88, SP Road, Begumpet,} Hyderabad - 500 016.

¶280

Kangaroo Kids Preschool, B-2-2B2lA, Road No.3,^{Banjara Hills, Hyderabad-} 500 034.

¶281

Abhyasa lnternational School, Campus Office,^{Abhyasa Res]denlial School,} Toopran - 502 334, Medak District, Telangana State,^{lndia, Regd.} Office:1253, 1 Floor, St. Johns Road, Opp. Keys High^{School, Secunderabad} - 500 025. Telangana State, lndia.

¶282

Bhavan's Sri Ramakrishna Vidyalaya,, Sainikpuri PO, Secunderabad^{- 500} 094.

¶283

(RR-4 to 9 are added as per the Court order dated 08-02-2016 in WP(PIL) 4 of 2016.)

¶284

...RESPONDENTS

¶285

Petition under Article 226 of lhe Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe}

¶286

¶287

pleased to issue a Writ, Order or Direction particularly one in the nature of Writ of lr/andamus directing the Respondents to implement the^provisions of G.O.Ms.No.91 dated 6-8-2009 more particularly Para 1(a) and Para B and further take action against the^private unaided schools in the State of Telangana for collecting one time fee many times more than the maximum limits stipulated and further direct them to take action against private unaided schools in using the names such as llT Olympiad/ Concept/ e-Techno/ e-shastra etc contrary to Para B of the G.O.Ms.No.91, dated 06.08.2009

¶288

l.A. NO: 1 OF 2016(WP(PIL)MP. NO: 16 OF 2016)

¶289

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 direct the Respondents to take action against the^private unaided schools in using the names such as llT Olympiad/ Concept/ e-Techno/ e-shastra etc. contrary to Para 8 of the G.O.Ms.No.91, dated 06-08-2009.

¶290

LA. NO: 2 OF 2016(WP(PIL)MP- No-1f QL2o'!O)

¶291

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 herein to immediately stop the collection of One Time Fee by the private unaided schools which is contrary to Para 1(a) of the G.O.Ms.No.91 , dated 06-08-2009 l.A. NO: 3 OF 2016(WP(P|L )MP. NO: 163 OF 2016 )

¶292

Between:

¶293

Tejaswi W/o. Naresh Reddy C., aged about 27 years, Occ: Student of Law Ri/o. 7-3-29, Priyadarshini Nagar, Nirmal, Adilabad presently residing at 1-2-601/51 Plot No. 13, SBH Colony, Behind DBR tvlills, Gandhinagar, Hyderabad.

¶294

...PETITIONER/PROPOSED RESPONDENT

¶295

AND

¶296

I H.S. Parents Association, Yousufguda, rep by its General Secretary Sri N. Ravi Kumar, S/o. N. Mohan Rao At H.No.B-3-167iR, Plot No.45 and 45A FIat No.201, Jayakrishna Apartments Rajeev Nagar, Yousufguda, Hyderabad. (Society Regn.No. 109 of 2001.)

¶297

,.... RESPONDENT/PETITIONER

¶298

State of Telangana, Rep. by its Principal Secterary Department of School Education Secretariat, Tank Bund Road, Hyderabad 500 022.

¶299

The Commissioner and Director Directorate of School, Education Government of Telangana Lakd kapool, Hyderabad.

¶300

The Deputy Educational Officer, Khairatabad Zone K hairatabad, Hyderabad.

¶301

Oakridge lntgrnational School, (Khajaguda Newton Campus), Nanakramguda Road, Near Lanco Hills, Khajaguda, Hyderabad, Telangana - 500 008.

¶302

¶303

6 Rockwelllnternational rot N o 72 7, Road N o 3 6,

¶304

L u n i ree-Hiiis lHrffi E;::+""", j,llyff ", ;,1 alp

¶305

, Iyg:::prg public schoor (Besumper), 1_11_87 & t Hyderabad - SOO OtO.^{--rvvvu"rPvr/,t-t1-6/} 88, SP Road, Begumpet,

¶306

a SdJnoSl:" Kids^preschoot,, s_2_2l2tA,Road No.3, Banjara Hiils, Hyderabad _

¶307

{bhyasa lnternational S t;';{#i'ffi :[',?y[:,tr"s;3:I"s,".ff [ttT:,e{:;:]"1, j;

¶308

l0 Btravan's sri Ramakrishna Vidyaraya,, sainikpuri po, Secunderabad - 500

¶309

...RESPONDENTS/RESPONDENTS

¶310

Petition under Ser ,reaniaauiili;;":,"r"r'#1,*1,_?::d;:H:"1;lL:ii.J:;T:,ffi :.,JT:ilil :X",#,::ffi; n"'"",;r;:i::,1.J;i3, #ll,m" i0 and mae intervenins

¶311

Counsel for the petitioner:SRl. KALPANA EKBOTE

¶312

Counsel for the Respondent Nos. 1 to 3: Gp FOR EDUCATION/

¶313

AODL. ADVOCATE GENERAL (TG)

¶314

Counsel for the Respondent No. 4: SRl. CHALLA GUNARANJAN Counsel for the Respondent No. 8: SRl. G MADHUSUDHAN REDDy

¶315

Counsel for the Respondent No. 9: SRI. M.A. MUJEEB

¶316

COUNSEI fOr thE PTOPOSCd RESPONdCNT: MiS.GORANTLA SRI RANGA PUJITHA Counsel for the Respondent No. 5 : SRI. DUWA PAVAN KUMAR

¶317

Counsel for the Respondent No. 6 : SRl. SARANG J.AFZUL PURKAR

¶318

Counsel for the Respondent No. 7 : SRl. P.RAJA SRIPATHI RAO.

¶319

\WP(P|L) NO: 149 OF 2016

¶320

Between:

¶321

HS Parents Association. yousufguda, rep by its Joint Secretary Sri Kadaoa Venkat Sainath, son of k. ru"renteiii dNJ.B:3-i;iin, prot No.45 and +sn

¶322

¶323

Yousufguda,^HYderabad tr.1t[".,?itii{8.:iS!li,E8$)'""n"RaieevNasar'

¶324

...PETITIONER

¶325

AND

¶326

,:H:"",1J""11?A1,XI:+;3X5.,fi 'H'JBAIi?:':13#,.':BA[HllorSchoor *t"^{of SchooI Ed ucation Gove rn me nt}

¶327

, $i"?[T,lTr"rmlgr:;'d,3ffi;: $i"?[T,lTr"rmlgr:;'d,3ffi;:

¶328

, $i"?[T,lTr"rmlgr:;'d,3ffi;: $i"?[T,lTr"rmlgr:;'d,3ffi;: 3. The^{District Educational Officer KhairatabadZone' Khairatabad'Hyderabad'}

¶329

..'RESPONDENTS

¶330

Petition^{under Article 226 of the'Con:lt^lt]"" of lndia praying that in the} :t?s:'?fi^{::;':l"f ,s,[#?:'::;i''IJ"Hi*:il.di;#gtft$rlll"t} H:r:"# ;yt:$^{n't i,::l"lH'l?!:} l" rliir^{i't"i o i )oii r ee 4.' pa rti cuI a rr v} '"i''1,'r"ffi ',il;1,,"g1;qfi.,tr",fi ih:i.ffij,[;T#lu:']Jfi settins^{aside the same} iil:iJ'il'"t1f,^{!'"#"lli;Ir i i} "ai''nv

¶331

P PIL^{MP.NO:264 0F2016} I,A.^NO:1OF2016

¶332

Petition^{under Section 151 CPC Praying that in the circumstances statedin} the affidavit^{filed in suPPort of the Petition , the High Courtmay bePleased to direct} the Respo^{ndents to enforce and imPlement the cond itions ofG.O. lvls} and 1B^{No andl} (Education (P.S.2) dat^ed SE:P.S-1^01/01/1994 )^{DePaParticuladY rtmentdatedParas 06/08/2009 17ParticularlY} G.O.Ms.NoPara^{1 (a) (c),.91 6 Educationand 8 (i) bYensuring that there shallbe no further fee hikebY the} private unaid^{ed schools for the forthcoming academicyear 2016-17 'Pending} disposal^{of the aboveWrit Petition}

¶333

Counsel^{for the Petitioner:SRl' SIVARAJUSRINIVAS}

¶334

Counsel^{for the ResPondents:ADDL. ADVOCATE GENERAL}

¶335

WP^(PIL )^{NO:770F 2019}

¶336

Between:

¶337

i:lll" *s:,1_.!_^{Cgruption (se7t2017-Ts),} Eep^{by. president-VijayGopat,} Ageo. 3u years, occupation. private Firm Emproyee and NGo-presidbnt, Address. tz-ts- toasit2, 314 ftoor, st ri, Sni?Ji sii-r.rigrr, i;;;iil; Secunderabad, 50001 7.

...PETITIONER

AND

1 . The State of Telangana,^{Rep. by its Chief Secretary, Telangana^State} Seiretariat, Bashe6rbagh,^{Hydrirabad' Telangana State- 500022'}

¶342

1. The T;E;d;;;-Staie state of^Telangana, 56cretaria{.^{Rep. by its} Basheerbagh, Hvderabad,^{secretary.School Education Department,} Telangana State500022.

¶343

The Commissionerand^{Director,School Education Department, Hyderabad}

¶344

District, B-block-2, Beside Telephone Bhavan, Road, Saifabad, Khairtabad' Telangana-04.

¶345

collector and District^{Magistrate,,school Education Hyderabad District,} Nampally, 5-8-505, Chirag^{ali lane, Abids, Hyderabad'}

¶346

District Educational^{officer, Hyderabad District,opposite Nizamcollege,} .

¶347

Nampally,HYderabad-01

¶348

The Director General of^{Police, Lakdikapool,Khairtabad, Hyderabad'}

¶349

Central Bureau of^{lnvestigation, Represented by its Director,3rd floor'} Kendriya Sadan, Sultan^{Bazar, Kati, Hyderabad-95}

¶350

B. Central Board^{for secondaryEducation, Representedby its chairp^erson,} - 5nir,i[u r<"ndra,2, commuhitycentre, PrebtVihar, Delhi - 110092

¶351

g.Mr.lvl.Komaraiah,Chairman,DelhiPublicschool,lt/ahindraHills,and - rlu"niii, und Nadergul, Rib. Plot No.2'3,4,6,7,9,10 and 32A, Sy'No 7419, East Marredpally, Secunderabad-500^026.

¶352

1 0. The Delhi Public school^{society, F-Block, East of Kailash, New Delhi 1 1 0065,} lndia.

¶353

...RESPONDENTS

¶354

Petition under Article^{226 of the constitutionof lndiapraying that in the} circumstances stated in the^{affidavitfiled therewith, the High courtmay be} pleased to issue a writ, order or direction^{more particularlyone in the natureof} Writ of Mandamus^.

¶355

To direct the Respondent^{No.8 to take stem action againstRespondentI} and Respondent 10 for^{violating the Affiliation Bye Laws2018 of CBSE 2'}

¶356

To direci the Respondent^{7 to conductthorough investigationupon all the} schools in the state which^{are still violatingthe provisionsof Telangana} state Educational lnstitution^{(Regulationof Admissionand Prohibition of} Capitation Fee)Act, 1983 G.O.Ms.No.91^{Edn Dept (SE.P' S-1) Dept'} Dt.06.08.2009 and other related^G.Os.

¶357

To declare the action of^{Respondenl1,2,3 and 4 in not closingthe} complaint or not taking complete^{action against Respondent No'9 as per} provisions of Telangana State Educational^{lnstitution (Regulation of} Admission and Prohibition of Capitation^{Fee)Act, 1983 G.O.tt/s.No'91Edn} Dept (SE.P, S-1) Dept.,^{Dt.O6.08.2OOg and other related G.Os as illegal and} arbitrary.

¶358

Direct ihe Respondent No.1 to^{frameGuidelinesfor each school in the} state, such that^parents are^{not fooledby the management of such schools.}

¶359

¶360

To establish a complaint cell for^parents under the control of District Collector (or) any other office of at least his rank to take address the grievances of such parents.

¶361

To direct every school under the control of Rl to make it mandatory that each school has^{placards promoting} and speaking about lllegality of Capitation Fee or excess Fee, Collection of Fee by the school management apart from the Tuition is optional for the student, conducting any sort of interview/method of selecting students for admission is illegal

¶362

lA NO: 1 OF 2019

¶363

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.6 to file charge sheet in FIR No.32l201 7 on the^f ile of Xii Metropolitan Magistrate, L.B. Nagar within^'1 5 days^pending disposal of the above writ petition (PlL) in the interest of^justice and fair^play.

¶364

lA NO: 2 OF 2019

¶365

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Couft may be^pleased to direct the Respondent No.9 to refund the money to all the^parents from whom he has taken excess fee since the establishment of the school^pending disposal of the above writ^{petition(PlL)} in the interest of^justice and fair^play.

¶366

lA NO: 3 OF 2019

¶367

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ln support of the petition, the High Court may be^pleased to punish the Respondent No.9 as per Section 9 of Telangana State Educations lnstitution (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 with imprisonment for a term which shall not be less than 3 years but which shall not exceed 7 years pending disposal of the above writ petition (PR) in the interest of^justice and fair play.

¶368

Counsel for the Petitioner:SRl. V SIDDHARTHA GOUD Counsel for the Respondent No. 1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos. 2 to 5: GP FOR SCHOOL EDUCATION/

¶369

ADDL ADVOCATE GENERAL

¶370

Counsel for the Respondent No. 6: GP FOR HOME Counsel for the Respondent No. 7: SRl. K. SURENDER, SC FOR CBI Counsel for the Respondent No. 8: SMT. A CHAYA DEVI, SC FOR CBSE Counsel for the Respondent No. 9: SRI. T.V. KALYAN SINGH Counsel for the Respondent No. 10: The Court made the following:

¶371

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND

¶372

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

¶373

WRIT PETITION PIL Nos.128 of 2O 21: W.P.Nos.1331^{3020 &} 8117 of 2O1.8 17096 & 18166 of 2O 14 25457 of 2OL6 &, w.P.(PrL) .Nos.4 & 149 of 2016 ar.d 77 of 2019

¶374

COMMON ORDERT (Per the Hotl'ble lh.e Chre-lJuslrce 5l..4lrsh Chandra Sharn:l])

¶375

Regard being had to the controversy involved in^the aforesaid cases, they rvere heard together and are being decided by a common order.

¶376

The facts of W.P.(PIL).No. 128 of 2O2l arc reproduced^as under:

¶377

w.P. (PIL).No.128 ol 2021 has been filed by the l{yderabacl School Parents Association alleging exorbitant fee hike by^the schools in the State ol Telangana on account of lack^of legislation/guidelines framed by the State Government.^The other writ petitions were also filed by the school managements in t.he matter of fixation of fee.

¶378

During the pendency of the present pubiic interest iitigation and other connected matters, the learned Government Advocate has informcd this Court that a Cabinet^Sub Committee has already been constituted for framing a regulation to regulate the school fees charged by tile^prirrat.e

¶379

schools in the^{State of Telangana.He wasgranted four weeks} time on 10.02.2022 to^{inform the outcomeof the Cabinet Sub} Committee. He has stated^{that on 02.03.2022a groupof} Ministers have hold a^{meeting in respect of the aforesaid subject} and finally their recommendations^{have beencommunicated to} the Government on 04.03,2022.^{It has been stated that the} Director of School^{Education has been directedto submit rhc} proposal in the matter of framing^{of regulationsrelatingto} charging of fees.

¶380

Learned counsel for^{the petitioners has stated before this} Court that the^{petitioners also be permittedtosubmit} representations to the^{Directorof SchoolEducation so that their} grlevance also be looked into by^{the DirectorofSchool} Education while forwarding the^{proposal to theStatc} Governme nt.

¶381

The aforesaid^{prayerappearsto be genuine and therefore,} the petitioner's association^{was also free to file a detailed} representation/ facts and^{ligures to the Director of School} Education enabling her to^{submit proper report to the State} Government in the matter^{of framingof resolution ltis} needless to mention that^{some of the writ petitioners, who are} schools before this Court,^{shall also be free to put up their case}

¶382

before the Director of School Education and the same may be done within a period of two weeks from today. The Director of School Education, after taking into account the representations submitted by the petitioner's association as well as the^private schools, sha1l forward her comments to the State Government enabling the State Government to take a final decision in the matter of issuing regulations / issuing executive instructions. The exercise of issuing instructions be concluded^positively within a period of three months from today. There shal1 be no coercive action against the schools in question on account of the earlier notices issued by the State Government/ olficial lespondents in the matter of collection of fees.

¶383

With the aforesaid, the writ petitions as well as the^public interest litigations stand disposed of.

¶384

Miscellaneous applications pending, if any, shal1 stand

¶385

closed.^'lhere shall be no order as to costs.

¶386

¶387

SD/-T.TIRUMALA DEVI ASSISTANT REGISTRAR ,TRUE COPY// (y, SECTION OFFICER

¶388

¶389

To, 1. The Principle Secretary,^{School Education Department, Stateof Telangana'} Telangana Secretariat,^{Hyderabad-500022}

¶390

1. The D]rector,^{Director of School Education, Hyderabad-500 022'}

¶391

3.ThePrincipleSecretaryDepartmentofSchoolEducationandLiteracy, Ministry oi Human^{ResourceDevelopment, Union of lndia} '^{217-C'Shasthri} Bhavan, New^{Delhi-1 10001}

¶392

4.TheChairperson,CentralBoardofSecondaryEducation,ShikshaKendra'2' Community Centre,^{Preet Vihar, Delhi-'l10092'}

¶393

The General Secretary, Telangana Recognized School l,4anagement Association, 4-202, fi,4eerpet X Roads, Ivleerpet Village, Balapur lvlandal, Ranga Reddy District, Telangana State 500097.

¶394

The Secretary, lndependent Schools ltlanagement Association, 4-102, Suchitra Junction, Medchal Road, Jeedimetla, Hyderabad - 500067.

¶395

The Special Chief Secretary, Department of School Education, State of Telangana, Secretariat, Hyderabad.

¶396

The Commissioner and Direct of School Education, State of Telangana, Lakdikapool, Hyderabad.

¶397

The Regional Joint Director of School Education, Lakdikapool, Hyderabad 1 0. The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Hyderabad District, Hyderabad

¶398

1 1 . The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Ranga Reddy District, Hyderabad,

¶399

1 2. The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Khammam District, at Khammam.

¶400

1 3. The District Collector-cum-Chairman of the Dlstrict Fees, Regulatory Committee, Warangal District, At Warangal.

¶401

The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Nalgonda District, At Nalgonda.

¶402

15.The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Karimnagar District at Karimangar.

¶403

The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Adilabad District, At Adilabad.

¶404

1 7. The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Nizamabad District, At Nizamabad.

¶405

18.The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Medak District, At Sanga Reddy.

¶406

The District Collector-cum-Chairman of the District Fees, Regulatory Committee, Mahaboobnagar District, At Mahaboobnaqar.

¶407

¶408

¶409

The District Educational Officer, Hyderabad Dlstrict at Hyderabad.

¶410

21.The District Educationar officer, Ringa Reddy District af Hyderabad.

¶411

22 The District Educationar officer, Khaimam District at Khammam.

¶412

The District Educational Officer, Warangaf Oistiict. 24.The District Educational Officer, Nalgonia Disirict.

¶413

2 5. The Dislrict Ed ucational Officer, Ka rlmna ga r Disirict

¶414

The District Educatronal Officer, Adilabaa"Distrl"t.

¶415

27.The District Educational Officer, Nizamabad Distiict.

¶416

The District Educational Officer, I,4ahaboobnagar District.

¶417

The District Educational Officer, lr,4edak Districi.

¶418

Tte Deputy Educationar officer, Khairatabad Zone K hairatabad, Hyderabad. (Phone: 9989023557)

¶419

31 The District Educationar officer Khairatabad Zone, Khairatabad, Hyderabad.

¶420

The Chief Secretary, State of Telangana, Telangana State Secretariat,

¶421

-,^{Basheerbagh, Hyderabad, TelanganaState_ 506022.} 33.The Secretary, School Education Department, State of Telangana, Telangana State Secretariat. Basheerbagh, Hyderabad, Telaigana State_ 500022.

¶422

collector and District Magistrate,, Schoor Education Hyderabad District, Nampally, 5-B-S05, Chirag ali lane, Abids, Hyderabad.

¶423

District Educationar officer, Hyderabad District, opposite Nizam coilege, Nampally, Hyderabad-01.

¶424

The Director General of police, Lakdikapool, Khaidabad, Hyderabad. 37.The Director, Central Bureau of lnvestigation, 3rd floor, Ke;driy; S;;an, Sultan Bazar, Kati, Hyderabad_95

¶425

38 The chairperson, centrar B.oa rd for secondary Education, shiksha Kendra, 2, Community Centre,^preet Vihar, Delhi _ 11OOg2

¶426

The Delhi Pubric Schoor Society, F-Brock, East of Kairash, New Derhi I i 0o6s, lndia.

¶427

19 9"u 99^b 11^{Yakarapu Sheetu, Advocate} IOPUCI

¶428

11 9i1CC^{tg Srl N Rajeshwar Rao, Asst.SottitorGeneral} IOPUC]

¶429

42.2 CCs to Srj.Smt. A. Chayadevi, Advocate fOpUCl

¶430

43.2 CCs to Sri.Bodduluri Srrnivas Rao, Advocate tOpUCl

¶431

4.1 ?99" to tr//s. Katpana Ekobe, Advocate 1OpUi1

¶432

45.2 CCs to Sri.^p. panduranga Reddy, Advocate tOpUCl

¶433

One CC to Sri.S.S. Naoeshwara ReOay, nOvocaie tOpUCl 119n.9g^b l! F^{Raieridra pru.uo,norocrt"} fobucf 48.One CC to Sri IV.S. Srinivasa lyegar, Advocate 1OeUCl

¶434

One CC to Sri.Chaila Gunaranjanl eOvocate 1OeUC1

¶435

One CC to Sri.G. IVtadhusudhan Reddy, Advocate 1OPUC1 !1 9n"^{CCto Sri.tr/.A. Mujeeb, novocate'[bpuci'- '}

¶436

One CC to lV/s. Gorantla Sri Ranga pujitna, navocate [OpUC] !9 9n"^{CCto Sri.Sivaraju Srinivas,AArocLt"} fOCUCi 54. One CC to Sri.V. Siddhartha-Goud, Advocale tOpUCl 55.One CC to Sri.K. Surender,_SC for CBl, nJuocate 1OeUC1 !9 9nu^{CC ro Sri.T.V. Katyan Singh,} AdvocaG fOFUCI !1.9nu^{CC to Sri.Duvva pivan Kumar,} Advocai" lOpUCt !9 9n"^{CC to Sri.Sarang J.Afzutpurt<er,Rdvocii,jiOpuCt} ll 9:::9^{t? s1l} |rja^{sripathi Rao, Aovocaie} fo'pucf bu. rwo CCs to Gp for Education, High Court torihe Staie of Telangana. [OUT]

¶437

¶438

61.Two CCs to GP for School Education, High Court for the State of Telangana.

¶439

[our]

¶440

62.Two CCs to the Advocate General, High Court for the State of Telangana. touTl

¶441

63.Two CCs to GP for GAD, High Court for the State of Telangana. [OUT] 64.Two CCs to GP for Home, High Court for the State of Telangana. [OUT]

¶442

65.Two CD Copies.

¶443

One Spare Copy

,,"-

PM SW

1 t

HIGH COURT

DATED:.1110312022

$E sTA rS
4" 'i- <br>3 0 JUtl 2022

¶451

COMMON ORDER

¶452

WP (PlL) No:^'128 ol 2021, WP Nos: 1331 , 3020 & 8117 ol 2018, 17096 & 18166 of 2014, 25457 of 2016 & WP(PIL) Nos: 4 & 149 of 2016 &77 of 2019

¶453

Disposing of the WPs & WP(PIL)s Without costs.

¶454

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naz
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Independent Schools Management Ass., v. Special Chief Secy., School Education dept.

Case brief

What is this about?

What did the court decide?

Independent Schools Management Ass., v. Special Chief Secy., School Education dept.

Case brief

What is this about?

What did the court decide?

What the court decided

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