The High Court allowed the withdrawal of the petitioner's writ petition challenging the Kendriya Vidyalaya school's admission process. The writ petition was dismissed as withdrawn with liberty to file a fresh petition if advised.
Permission to withdraw the writ petition with liberty to file a fresh petition if advised. Petition dismissed as withdrawn.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY,THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DR. JUSTICE G.RADHA RANI
WRIT PETITION NO: 21001 OF 2022
Between:
Bethi Balanarsimha, s/o Chinnavenkaiah, aged about 32 years, Occ:Law Practitioner, R/o H.No.1-6-792, Azar Galli, Ramnagar, Hydera6ad -500020
...PETITIONER
AND
...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 issue of an appropriate writ order or direction, preferably in the nature of writ of mandamus declaring the inaction of the Respondent No.2 in not considering Class I admission application form bearing login/application No. 222301595'17 dated 22.03.2022 of petitioners son namely Bethi Gagan Deep S/o Bethi Balanarsimha, aged about 6 years, R/o Hyderabad, in Respondent No.2 School arbitrary, illegal, violative of Petitioner's fundamental rights more particularly as enshrined under Article 14, 19 and 21A of Constitution of lndia and violative of principles of natural justice and on such declaration consequenfly be pleased to direct the Respondent No.2 to consider the application form bearing application No.22230'l 59517 dated 22_03.2022 submitted by the petitioner for admission in class I in Respondent No.2 School in the interest of justice.
lA NO: 1 OF 2022
Petition under Section 151 CPCpraying thatin the circumstances stated in the affidavit filed in support of thepetition, theHighCourt may be pleasedstay the Class I admission process in Respondent No.2for the academic year 2022- 2023 pending disposal of thispresent writpetitionin the interest of .iustice.
lA NO: 2 OF 2022
Petition under Section 151 CPCpraying thatin the circumstances statedin the affidavit filed in support of thepetition, the High Court may be pleased to direct the Respondent No.2 to consider theClass ladmission applicationbearing No.22230159517 dated 22.03.2022 for theacademicyear 2022-2023of the petitioner's son Bethi Gagan Deep, aged 6years pending disposalof this present writ petition in the interest ofjustice.
Counsel for the Petitioner:SRl. APURVA MGOKHALE
Counsel for the Respondents: SRI NAMAVARAPURAJESHWAR RAO(ASSGI) The Court made the following: ORDER
//
I
HONOURABLE DR.JUSTICE G.RADHA RANI
WRTT P'[ITION No.2 7001 oF 2022
OR ER:
Lcarned counsei for the respondents submittcd that rhe matter would
not survive and the learned counsel for the petitioner sought permission of this Court to withdraw the writ perition with a liberty to file a fresh writ petition i[ advised so on the admissions
Pe rmission accorded.
Accotdingly, the writ peution is dismisscrl as withclrarvn uth a liberry to file a lresh writ petition if advise d so on thc admissions. The re shall be no order as to costs.
Miscellaneous petiti<;ns, if any, pcnclirrg shall stand closcd
SD/- K. VENKAIAH ASSISTANT REGISTRAR //TRUE COPY// wltl,, SECTIO Ni OFFICER
To,
GB GJP $:.).
HIGH COURT
DATED:21 10612022
ORDER
16 sEP ?$ll
WP.No.21001 of 2022
DISMISSING THE WP
AS WITHDRAWN
WITHOUT COSTS.
j
k
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3 issues framed by the court
Whether the writ petition seeking admission for the petitioner's son in Kendriya Vidyalaya should be decided on merits.
Whether the petitioner is entitled to a declaration against inaction of the school authority regarding admission application.
Whether the petitioner's request for stay or direction pending the writ petition should be granted.
5 provisions across 2 enactments
Bethi Balanarsimha
The Union of India, Rep. by its Secretary, Ministry of Human Resources Development
The Kendriya Vidyalaya, Rep. by Regional Co-ordinator, Regional Centre at Picket Hyderabad
The Kendriya Vidyalaya, Rep. by Commissioner, Institutional Area, New Delhi
G. Radha Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
