Viswabharati (E.M) High School, v. The Government Of Andhra Pradesh,
132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 3388Z QEZII Between:
Viswabharati (E.M) High School, Rajendra Nagar, Gudivada, Krishna District, Rep. by its Secretary -cum- Corre6pondgnL Potluri Sreemanlarayana S/o Late Rdghunamaiah, -aged about 67 yrs, Rl/o Gudivada, Krishna District, ...PETITIONER AND The Government of Andhra Pradesh, Rep. by its Secretary, School Education Department, Secretariat, Hyderabad- 500 001 The Commissioner & Director of School Education, Andhra Pradesh, Saifabad, Hyderabad- 500 004 ...RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of Writ Of Mandamus to declaring the impugned orders of the respondents in issuing impugned proceedings Rc.No.
53/E 1/201 1 dated 11-2-2011 preventing the petitioner from conducting merit talent test to extent free education to the meritorious students in the guise of provisions contained in Sdc.13 of Right of children Free and compulsory Education Act (Act 35 of 2009) as illegal, arbitrary and violative of Art.14 of constitution of lndia apart from contrary to the provisions of Act 35 of 2009. A. NO: 1 OF 2011 (WPMP.
petitioner's institution for imparting free education to the students pending disposal of the case.
l.A. NO: 2OF 2011(WPMP. NO: 42139 0F 20111 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 suspend the impugned proceedings Rc. No.s3/E 1/201 1 dated 1'l-2-2011 so far as it relates to prohibiting conducting merit scholarship Test / Talent test by the petitioner's institution for extending free education to the students. Counsel for the Petitioner: SRI G.V.SHIVAJI Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.33487 of 2O11
ORDER
The petitioner approached the Court seeking prayer as under:
"to issue an appropriate writ order or direction particularly one in the nature of Writ of Mandamus to declaring the impugned orders of the respondents in issuing impugned proceedings Rc.No.53/E1/2OLL dated 11.O2.2O11 preventing the petitioner from conducting merit talent test to extent free education to the meritorious students in the guise of provisions contained in Sec, 13 of Right of Children Free and Compulsory Education Act Act. 35 of 2OO9 as illegal, arbitrary and violative of Art 14 of Constitution of India apart from contrary to the provisions of Act 35 of 2OO9 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."
2. It is represented by both the learned counsel on record that the cause of actlon in the present writ petition does not survive for adjudication, any more.
3. Recording the above submission, the Writ Petition is dismissed as infructuous. Interim order granted by this Court on L9.L2.2O12 shall stand
vacated. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall also stand closed. //TRUE COPYII ASSISTANT REG]STRAR v SECTION OFFICER To, SD/- MOHD. SANAULLAH ANSARI
1. One CC to SRt c.V.SHtVAJt, Advocate tOpUCl
2. lwo CCs to cP FOR ggitOOL EDUCATTON, High Court for the State of Telangana at Hyderabad [OUT]
3. Two CD Copies NS V BSR \
HIGH COURT DATED: 1411212023 irlre eA T$\ a r \ $;i\ lco ]_ +
ORDER
iD ECpdc\ WP.No.33887 of 2011 DISMISSING THE WRIT PETITION AS INFRUGTUOUS, WITHOUT COSTS