Panchakshram Student Welfare Association v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 27123 of 2012 Order:

The petitioners 1 and 2 are registered societies running educational institutions, while the petitioners 3 to 6 are private recognized and aided schools in East Godavari District. They have been implementing "Sarva Shiksha Abhiyaan" programme introduced by the Central government in an effort to universalize elementary education by community-ownership of the school system. However, when discrimination is shown in implementing the scheme in respect of Government Aided Institutions while fully supporting the Institutions being run under Zilla Parishads and Municipal Bodies, the present Writ Petition was filed.

2. Learned counsel for the petitioner submits that the scheme is extended to all the Government, Local Body and Government Aided Schools and while implementing the said scheme no discrimination shall be shown among the beneficiary institutions or implementing institutions, however, in respect of providing certain benefits the third respondent is showing discrimination.

3. A perusal of the scheme shows that it was extended to all Government, Local Body and Government Aided Schools and interventions in certain areas was provided. However, in respect of Mid Day Meal, School Uniform, Text Books, Audio Visual Equipments, Computers with Software, Teachers grants for implementation of Teachers Learning Material, Library Books, Laboratory Equipments and Building Funds, the scheme is not extended to the Government Aided Schools, whereas full benefit is given to Zilla Parishad Institutions and to the Institutions being run under Municipal Bodies. The petitioners submitted a representation, but the said representation

was undated.

4. In spite of printing the name of learned counsel for the third respondent, none appeared for the third respondent and no counter affidavit is filed for the last four years.

5. In the circumstances, the Writ Petition is disposed of directing the respondents 2 and 3 to consider the representations of the petitioners already submitted and pass appropriate orders in accordance with law within a period of three (3) months from the date of receipt of a copy of this order. Since the representations filed along with the Writ Petition do not bear the date or proof of sending the same to the respondents, the petitioners are given two weeks time to submit fresh representations to the respondents 2 and 3, who shall consider and dispose of the same as directed above. There shall be no order as to costs.

6. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

________________________ A.

RAMALINGESWARA RAO, J.

Date: 10.03.2016 Nsr