South Andhra Lutheran Church Central Church Office, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.20869 OF 2015 ORDER:

The petitioners challenge proceedings Rc.No.6499/ C2/ 2014 dated 26.06.2015 of 3rd respondent accepting the proposals dated 24.01.2013 and issuing orders in favour of 6th respondent as Correspondent of S.M.G High School, Gudur and S.M. Primary School, Gudur.

The petitioners raise several legal and factual objections against the order of 3rd respondent recognizing respondent No.6 as Correspondent of S.M.G High School, Gudur and S.M. Primary School, Gudur.

On 08.07.2015, this Court granted interim suspension as prayed for. Respondent No.6 filed W.V.M.P.No.3221 of 2015 and also a series of annexures in support of the decision taken by 3rd respondent recognizing 6th respondent as Correspondent. With similar effort by relying on a series of documents, the petitioners are also contending that the recognition of 6th respondent as Correspondent is illegal and contrary to the procedure prescribed under Section 24(2) of the A.P. Education Act. Mr.M.S.Prasad, learned senior counsel for petitioners and Mr.P.Sridhar Reddy, appearing for respondent No.6, have made extensive submissions in support of their respective versions. But at the bottom of the submissions, what this Court perceives is there is no clear and complete answer by 3rd respondent on the procedure

followed in this behalf while issuing proceedings impugned in the writ petition.

Apart from the above mistake, this Court having regard to the documents on which the parties are relying on, is of the view that the proceedings impugned in the writ petition is set aside firstly as not conforming to the requirements of Section 24(2) of the A.P. Education Act and remit the matter back to the 3rd respondent for consideration and disposal within a period of eight weeks from today and secondly that the rival claims need at least consideration by 3rd respondent. To avoid further delay in the matter, the Court considers it appropriate to give liberty to petitioners and 6th respondent to file additional material/ representations, if any, by sending a copy of such representation/ reply by registered post with acknowledgement due to other party within a period of two weeks from today.

The writ petition is, accordingly, ordered as indicated above. There shall be no order as to costs.

Consequently, pending miscellaneous petitions, stand closed. ____________ S.V.BHATT, J 13th September, 2017 Lrkm