Dr. C.R. Reddy Memorial English Medium Upper Primary School, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 30620 OF 2017 O R D E R:

The proceedings of the 3rd respondent District Educational Officer, Chittoor dated 01.09.2017 directing shifting of the petitioner's school into another building in the locality, in spite of carrying out necessary repairs, as directed by the 5th respondent, is questioned in this Writ Petition.

The case of the petitioner is that it is a recognized unaided school serving the students who are in need of academics, since 1977. Since its inception, the petitioner school has been producing good results. While the matter stood thus, on 24.07.2017, at 05.00 P.M., the 3rd respondent, along with the 4th respondent Mandal Educational Officer, has visited the school and found that two rooms in the building are in a dilapidated condition, and hence, requested the 5th respondent Executive Engineer, Roads & Buildings to inspect the school building, verify the soundness of the same and furnish a report. Therefore, after inspection, the Executive Engineer on 04.08.2017 gave a report that the school building is in a dilapidated condition and not fit for occupation unless necessary repairs are carried out to the same.

Not aware of this report, as directed by the R&B Engineers, the petitioner has demolished the two rooms and constructed new rooms on the back side and also on the eastern side of the main building and the said fact was also brought to the notice of the District Educational Officer on 06.09.2017. However, the petitioner received the impugned letter dated 01.09.2017. In those circumstances, this Writ Petition has been filed.

Heard learned counsel for the petitioner.

Learned Government Pleader for School Education (Andhra Pradesh), on instructions, submits that in view of the communication dated 06.09.2017 of the petitioner, once again, inspection of the school will be conducted and if the Engineering Department of Roads & Buildings gives a structural stability certificate, as claimed by the petitioner, and if the building is fit for occupation, necessary steps will be taken to permit the petitioner to run the school.

Having considered the respective submissions, the Writ Petition is disposed of with a direction to the 3rd respondent District Educational Officer to forthwith send a requisition to the R&B Department to re-inspect the premises of the petitioner for ascertaining the suitability of the same for occupation.

Considering the fact that the school is being run in a rural area, it is directed that the entire exercise shall be completed within three weeks from the date of receipt of a copy of this order. No costs. Consequently, the miscellaneous Applications, if any shall stand closed.

____________________________ CHALLA KODANDA RAM, J 11th September 2017 Issue CC today.

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