The High Court closed a writ petition challenging the refusal of admission to the petitioner's son in a Kendriya Vidyalaya, noting that purpose is frustrated as the student already secured admission elsewhere.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 12776 OF 2023
Between:
D. Lingaiah, S/o: D. Bapu, Aged about 30 Years, Occupation. Security Guard, Permanent Address. D-No. 8-25, SC Colony, Tandur (VandM), Mancherial District, Presently Residing at H.No.3-9-4, lndiranagar, Ramanthapur, Hyderabad.
...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 an Order, Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents more particularly Respondent No.4 in refusing to admit and in cancellation of the admission of Master Chanakya Vardhan Durgam, son of the Petitioner for Class 1, Kendriya Vidyalaya No.1 , Uppal, as outstation candidate, on the basis of the permanent address of the petitioner filled up in the admission form, having considered and secured the admission under 2Spercentage RTE quote by draw of and .lottery standing at No.2 in the select list, without considering the Domestic Gas Bill, as
proof of residence as illegal, highhanded, arbitrary, against the Principles of natural justice and the Doctrine of legitimate expectation ancl uncon stitutio nal, being violative of Articles 14,21 and 214 of the Constitution of lndia and consequentially to direct the Respondent No.4 to provide admission to Master Chanakya Vardhan Durgam, son of the Petitioner in Class 1, Kendriya Vidyalaya No,1, Uppal.
lA NO: 1 OF 2023
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.4 to provide admission to Master Chanakya Vardhan Durgam, son of the Petitioner in Class 1, Kendriya Vidyalaya No,1, Uppal, Hyderabad, pending the disposal of the above Writ Petition.
Counsel for the Petitioner: SRl. GOURARAM RAJASHEKAR REDDY
Counsel for the Respondents No.l: GADI PRAVEEN KUMAR (Dy. SOLICITOR GENERAL OF INDIA)
Counsel for the Respondents No.2 to 4: SRl. M.K. AJAY KUMAR
The Court made the following: ORDER
I
I
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO.12776 OF 2023
ORDER:
Learned counsel on either side represented that the son of the petitioner has already got admission in Kendriya Vidyalaya, Mancherial and as such the purpose in this Writ Petition does not survive any further.
There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.
SD/. P. PADMANABHA DDY ASSISTANT REG TRAR //TRUE COPY// SECTION FFICER
To,
'1 . One CC to Sri. Gouraram Rajashekar Reddy, Advocate [OPUC] 2.' One CC to Sri. M.K. A.jay Kumar, SC IOPUC] 3. One CC to Sri. Gadi Praveen Kumar (Dy. Solicitor General Of lndia) TOPUC] 4. Two CD Copies TJ GJP
wk
HIGH COURT
DATED:0610612023
ORDER
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WP.No.12776 ot 2023
CLOSING THE WRIT PETITION
WITHOUT COSTS.
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D. Lingaiah
The Union of India
The Commissioner, Kendriya Vidyalaya Sangathan
The Deputy Commissioner, Kendriya Vidyalaya Sangathan
The Principal, Kendriya Vidyalaya No.1
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
