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High Court for State of TelanganaWP/22555/2015disposed of no costs

Azad Educational Society, v. The State Of Telangana Rep By Its Principal Secretary,

2015-07-23A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.22555 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue Writ of Mandamus to declare the action of the 1st respondent in not extending and according minority status certificate in favour of the 2nd petitioner institution for aperiod of three years as stipulated in G.O.Ms.No.1, dated 16-012004 as being illegal, arbitrary, unconstitutional and violative of the Guidelines issued vide G.O.Ms.No.1, dated 16-01-2004 and consequently direct the respondents to forthwith extend the minority status certificate in favour of the petitioner institution for the academic years 2015-16 and 2016-17 and treat and declare that the petitioner is having valid minority status certificate for the purpose participating in the SW-II-AC Counseling and further direct the respondents to include the 2nd petitioner in SW-II-AC counseling for admission into BPharmacy course for the academic year 2015-17."

Heard Sri P. Pandu Ranga Reddy, learned counsel for the petitioners and learned Government Pleader for Minority Welfare, learned Government Pleader for Education, Sri V. Ramchandra Goud, learned Standing Counsel for JNTU and Sri A. Abhisek Reddy, learned counsel for respondent No.4, apart from perusing the material available before this Court. First petitioner herein is a society established under the provisions of A.P. Societies Registration Act and the first petitioner promoted the 2nd respondent institution for imparting training in Pharmacy Courses in the year 2008. It is pleaded that the 2nd petitioner herein has been functioning as a minority educational institution.

memo No.1750/Estt-II/A2/2014-2, dated 25-08-2014 accorded renewal of minority status to the subject institution for the academic year 2014-15.

The petitioner herein submitted representations, dated 29-10-2014, 23-02-2015 and 16-03-2015 to the 1st respondent - State for renewal of the said minority status for a further period. The grievance precisely in the present writ petition is that despite receiving the said representations of the petitioners herein for renewal of minority status, no action has been taken so far by the 1st respondent - State Government.

Taking into consideration the totality of the circumstances and having regard to the nature of controversy, this Court is of the opinion that the ends of justice would be met if a direction is given to the respondents to take appropriate action on the representations of the petitioners herein by fixing some time frame.

For the aforesaid reasons, the writ petition is disposed of, directing the 1st respondent herein to take appropriate action on the representation, dated 16-03-2015 submitted by the petitioners herein for renewal of minority status and pass appropriate orders, in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V. SESHA SAI, J July 23, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.22555 of 2015 July 23, 2015 Pn