Sri Kalimatha Educational Society, v. Sri Sai Educational Society,
THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND THE HON'BLE SRI JUSTICE M.S.K. JAISWAL WRIT PETITION NO. 14120 OF 2016 AND WRIT APPEAL No. 339 OF 2016 J U D G M E N T : (per Hon'ble Sri Justice P. Naveen Rao) When this Writ Appeal, which was directed against the interlocutory order dated 25.04.2016 passed by the learned Single Judge in W.P.M.P. No. 17605 of 2016 in Writ Petition No. 14120 of 2016, is taken up for consideration, learned counsel for the appellant, Sri Vedula Srinivas, fairly submits that there are incurable defects in G.O.Rt. No. 55, School Education Department, dated 05.03.2016 issued by the State of Andhra Pradesh in its School Education Department, which was impugned in the Writ Petition.
However, in view of the urgency involved in the matter, the learned counsel for the appellant prays that the Writ Petition itself be taken up for consideration and further seeks a direction to be issued to the government for examination of the issue, afresh, in accordance with law, within a reasonable time-frame. Sri O. Manohar Reddy, learned Senior Counsel appearing on behalf of Sri K. Bheema Rao, learned counsel for Respondents 1 and 2 - petitioners in the Writ Petition, is gracious enough in conceding the request made by the learned counsel for the appellant.
In view of the agreement arrived at by the learned counsel on either side, we take up the Writ Petition itself, at this stage, for consideration and set aside the impugned G.O.Rt.No. 55, dated 05.03.2016 as it lacks reasons whatsoever. However, it is made clear that this judgment rendered now does not preclude the government from considering the request of the 7th respondent in the Writ Petition - the appellant in the Writ Appeal for shifting the educational institution and changing its ownership, and passing appropriate orders as
expeditiously as possible, preferably within a period of three weeks from the date of receipt of a copy of this judgment. With this, the Writ Petition stands allowed. In this view of the matter, no further orders are required to be passed in the Writ Appeal. Accordingly, the Writ Appeal stands disposed of. No costs. Consequently, the miscellaneous applications, if any shall also stand disposed of.
------------------------ P. NAVEEN RAO, J ------------------------- M.S.K. JAISWAL, J 19th May 2016 ksld