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High Court for State of TelanganaWP/23139/2016disposed of no costs

Association Of Private Colleges Of Nursing And Schools Of v. State Of Telangana, Rep. By Its Principal Secretary,

2016-07-14C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.23139 OF 2016 ORDER:

Heard the learned counsel for the petitioner, the learned Government Pleaders for Social Welfare (TG & AP). With their consent, the present Writ Petition is disposed of at the admission stage.

2. The Writ Petition is filed with the following prayer: "to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in not enhancing the monthly maintenance charges of students who are studying in private colleges of nursing and schools of nursing College Attached Hostels (CAH) on par with the students of Department Attached Hostels (DAH) as being illegal, arbitrary, unconstitutional, and discriminatory and consequently direct the respondents to forthwith enhance the monthly maintenance charges of students of College Attached Hostels on par with the students of Department Attached Hostels and declare that G.O.Ms.No.40 dated 08.12.2012 would apply in respect of students of College Attached Hostels and pass such other order or orders as this Hon'ble Court may deem fit and proper"

2. It appears that the representations made by the petitioner are still under consideration before the authorities. Thereunder, the petitioner seems to have sought parity between Attached Hostels and Department Attached Hostels in the context of G.O..Ms.No.40, Social Welfare (SW.Edn.2) Department, dated 08.12.2012. The State is yet to apply its mind to the representations made by the petitioner in this regard. It is therefore premature at this stage for this Court to entertain this writ petition for adjudication on merits.

3. The writ petition is accordingly disposed of directing the State to consider the representations made by the petitioner in accordance with law and take a decision thereon. In the event the request of the petitioner for parity is rejected, the reasons therefor shall be duly recorded and communicated to the petitioner. This entire exercise shall be completed expeditiously and in any event, not later than eight (8) weeks from the date of receipt of a copy of this order.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _______________________ JUSTICE C. PRAVEEN KUMAR July 14, 2016 INL