M. Ashwini v. The State Of Telangana

THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.2909 of 2020 ORDER:

The present writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents 2 & 3 in imposing a penalty of Rs.25,000/- plus fee of Rs.470/- on the petitioner to write the II year intermediate examination scheduled to be held in the month of March, 2020, as being illegal, arbitrary and unconstitutional. Heard Sri Ravi Kumar Vadlakonda, learned counsel for the petitioner and Sri A. Sanjeev Kumar, learned Special Government Pleader for the respondents.

The learned Special Government Pleader submits that the grievance of the petitioner in the present writ petition does not survive for adjudication, since the examination fee of Rs.470/- has been paid and also the authority himself has volunteered to pay the penalty of Rs.3,000/-. While appreciating the gesture on the part of the authority in paying the penalty and having regard to the fact that the petitioner is now permitted to write the II year intermediate examination, as submitted by the learned Special Government Pleader, no further orders need be passed in this writ petition.

Accordingly, the writ petition is closed. However, it is made clear that this order is passed having regard to the

peculiar facts and circumstances of the present case and cannot be considered as precedent in future.

Pending miscellaneous petitions, if any, pending in this writ petition shall stand closed in the light of this final order. No order as to costs.

____________________ T.VINOD KUMAR, J Date: 17.02.2020 Isn