Divyabala Vidyalayam High School (Em) v. The State Of Telangana

THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.92 of 2020 ORDER:

The present writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to declare the action of the 2nd respondent-Director of Government Examinations, Hyderabad, in not accepting the nominal rolls of the candidates of petitioner schools for SSC public examinations to be held in March, 2020, as being illegal, arbitrary, unconstitutional and contrary to the provisions of Education Act, 1982.

Heard Sri K. Durga Prasad, learned advocate for S. Nageswara Reddy, learned advocate for the petitioners and the learned Government Pleader for Education appearing for the respondents.

The learned Government Pleader for Education submits that out of four petitioner schools, the first petitioner school has been granted recognition and the said school authorities have already approached for uploading the nominal rolls of the students admitted into the said school for taking SSC examinations.

Insofar as the students who are pursuing their SSC education with the petitioners 2 to 4 - schools, to whom the recognition is not granted by the 3rd respondent-Regional Joint Director of School Education, Hyderabad, the students

would not be permitted to upload the nominal rolls of the students to take examinations.

However, the learned Government Pleader for Education would fairly submit that having regard to the fact that the innocent students would suffer and loose one academic year, due to the lapses on part of the petitioner schools, the students of the petitioners 2 to 4 - schools can be accommodated for writing SSC examinations by permitting the students to sit for taking SSC examinations to be held in March, 2020 as under:

Sl.

Name of address of the School School from which permitted Government High School Number of students No.

1.

Chaitanya Vidyalaya High School, Bhongir Government High School, B.M. Bhongir 2.

Rosary High School, Valigonda Zilla Parishad High School, Valigonda 3.

India Mission High School.

Government High School, Gunj, Bhongir.

The learned Government Pleader for Education further submits that though today is the last date for paying the examination fee with fine of Rs.1,000/-, the authorities would permit the petitioners 2 to 4 schools paying such examination fee for allowing their students to take the examinations, through the Government Schools mentioned above, on the petitioner schools as mentioned above approaching the 4th respondent- District Educational Officer, Nalgonda, on or

before 24.01.2020 and by paying the requisite examination fee along with penalty of Rs.1,000/- per student. In view of the above submission of the learned Government Pleader for Education, on such payment of fee along with penalty by the school authorities in respect of their students as mentioned herein above, the 4th respondent authority shall accept the students of the petitioners 2 to 4 - schools to write the SSC examinations, through the respective nominated Government Schools and forward the names of the students so permitted to the Board of Secondary Education for allowing such students to take SSC public examinations scheduled to be held in March, 2020.

Subject to the above direction, the writ petition is disposed of. However, there shall be no order as to costs. As a sequel thereto, Miscellaneous Applications, if any, pending in this Writ Petition shall stand closed. ___________________ T. VINOD KUMAR, J Date: 22.01.2020 Note: Issue CC by tomorrow.

(B/o.) Isn