Islamia Educational Society v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WP .NO:7626 of 2015 Between:
1 Islamia Educational Society, H.No. 7-3-125/126, Monda Market, Secunderabad Rep by its Secretary Mr. Md.Jaffer 2 Islamia Girls High School (Aided), H.No. 6-5-384, New Bhoiguda, Secunderabad, Rep.
by its Correspondent Mr.Md.Jaffer 3 Mr. Md.Jaffer S/o Lal Mohammed ..... Petitioners AND 1 The State of Telangana, Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Hyderabad 2 The Commissioner and Director of School Education, Saifabad, Hyderabad 3 The Regional Joint Director School Education, Opp: L.B.Stadium, Gunfoundry, Hyderabad 4 The District Education Officer, Hyderabad District 5 The Director of Government Examinations, Chappel Road, Nampally, Hyderabad .....
Respondents Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of "Writ of Mandamus" declaring the action of the respondents 1 and 2 in not acting upon the request of the petitioners and recommendations of the respondents 3 and 4 by extending temporary recognition in favour of the 2nd petitioner school as being illegal, arbitrary unconstitutional and consequently direct the respondents to forthwith pass orders extending temporary recognition in favour of the 2nd petitioner school for the Classes VI to X and further direct the respondents to ratify the admissions made by the 2nd petitioner institution and treat the same as valid for all purposes.
The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri P.Pandu Ranga Reddy, Advocate for the Petitioners and of the Asst. GP for Education, (TG), for the Respondents, the Court made the following.
"The grievance of the petitioner is that its request for extension of temporary recognition is pending with the first respondent, though recommended by the Commissioner and Director of School Education dated 27.01.2015.
SSC examinations are scheduled from 25.03.2015. Learned counsel for the petitioner states this matter is similar to WP.No.4061 of 2015 dated 02.03.2015 and seeks similar direction. Heard learned Assistant Government Pleader. However, she seeks time to file counter.
Hence, following the order in WP.No.4061 of 2015, pending passing of the order by the first respondent on the recommendations of the Commissioner and Director of School Education dated 27.01.2015, referred to above, there shall be interim direction to the third respondent to issue a similar certificate as in the last year certifying that the petitioner's application for recognition is under process and the same shall be issued within a week from the date of receipt of a copy of this order. On the basis of such certificate, the 5th respondent shall consider the nominal rolls submitted by the 6th respondent on behalf of petitioner's school together with the examination fee, which is stated to have been paid by the petitioner and issue appropriate orders so as to permit the students of X class of the petitioner's school to take SSC examination scheduled from 25.03.2015 of this year. It is however made clear that the recognition of the students who appear for examination of X class permitted as above shall be subject to the orders to be passed by the third respondent.
List after three (3) weeks in 'ML'.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Principal Secretary, School Education Department, State of Telangana, Secretariat Buildings, Hyderabad
2. The Commissioner and Director of School Education, Saifabad, Hyderabad
3. The Regional Joint Director School Education, Opp: L.B.Stadium, Gunfoundry, Hyderabad
4. The District Education Officer, Hyderabad District
5. The Director of Government Examinations, Chappel Road, Nampally, Hyderabad (Addressees 1 to 5 BY RPAD)
6. Two CCS to GP for Education, (TG), High Court Buildings, Hyderabad (OUT)
7. one CC to Sri P.Pandu Ranga Reddy, Advocate (OPUC)
8. One Spare Copy HIGH COURT AB DRAFTED ON 23-3-2015 VVAJ DATE: 23-3-2015
ORDER
WP. NO. 7626 OF 2015 INTERIM DIRECTION