Sivani High School, Nagarjuna Nagar, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE WRIT PETITION No. 609 OF 2011 Date: 30.10.2015 Between:

Sivani High School, Hyderabad.

... Petitioner And The State of A.P., rep., by its Principal Secretary, School Education Department, Hyderabad & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE WRIT PETITION No. 609 OF 2011 ORDER:

The petitioner - school, in the instant writ petition, seeks the following relief:

"For the reasons stated in the accompanying affidavit the petitioner prays that this Hon'ble Court may be pleased to issue a writ of Mandamus declaring the impugned orders of the 1st respondent in Rc.No.1447/A3/2008, dated 16.12.2010, withdrawing recognition to the petitioner school as arbitrary, illegal, misconceived, contrary to the recognition rules and violative of Articles 14 and 19(1)(g) and 21 of the Constitution of India and set aside the same and grant such other relief as may be deemed just and proper in the circumstances of the case."

This Court vide order, dated 21.01.2011, granted interim suspension as prayed for. The order of interim suspension operates till this date. Learned counsel for the petitioner submits that thereafter the Regional Joint Director of School Education, Hyderabad, has granted recognition vide proceedings bearing L.Dis.No.6576/A3/2009, dated 14.02.2013, subject to outcome of the instant writ petition.

The petitioner is running the school uninterruptedly during pendency of the writ petition. Keeping that in view and having regard to the order, dated 14.02.2013, issued by the concerned authority granting fresh recognition to the petitioner - school, I am satisfied that this writ petition can be conveniently disposed of in

terms of the interim order with liberty to the respondents to take action, if they so desire and if the circumstances so demand, for withdrawing the recognition by following the due process of law. Order accordingly.

The observation made in the order, however, shall not be treated as direction to the respondents to take action against the petitioner - school and it is open for them to take appropriate decision in the facts and circumstances of the case. Miscellaneous petitions, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________ DILIP B. BHOSALE, ACJ Date: 30.10.2015 ES