S.B.N.R.M.High School, Komarole, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.20177 of 2009 O R D E R:

This writ petition is filed seeking the following relief: "to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents for not granting permission to collect the fees as per rule 17(2) and Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) - Rules, 1993, vide G.O.Ms.No.1, in view of the ban imposed by the Govt. in Memo No.12080/COSE/A2/2004, dated 20-10-2004, as illegal, arbitrary and unconstitutional and consequently direct the respondents to pass appropriate orders on the representation made by the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper."

A Counter-affidavit is filed stating that consequent to the proposal submitted by the petitioner to the Director of School Education, Hyderabad, the Director of School Education, Hyderabad, submitted a proposal to the 1st respondent in Lr.R.C.No.645/B1-3/2007, dated 26-02-2008 for consideration. The 1st respondent issued a memo No.6648/SE-PS-II-2/2007, dated 19.03.2008 and directed the 2nd respondent to take action as per Rule No.18 of G.O.Ms.No.1, Education, dated 01.01.1994 without further reference to the Government.

A perusal of Rule 18 of G.O.Ms.No.1, Education, dated 01.01.1994 provides guidelines for fixing fee structure and allocation of revenue earned as fee.

In that view of the matter, learned counsel for the petitioner

submits that nothing survives for consideration in the present writ petition.

Recording the said submission, the writ petition is closed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.

__________________________ A. RAMALINGESWARA RAO, J Date: 11.03.2016 pab HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.20177 of 2009 DATE:11.03.2016

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