IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.28560 2014 BETWEEN Boggu Laxmi Devi and others AND ... PETITIONERS The State of Andhra Pradesh, Rep. by the District Collector, Kurnool and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioners state that they are leaders of self help groups. While petitioner Nos.1 and 2 belong to Bhagyalaxmi podupu group, petitioner No.3 belongs to Haritha podupu group. It is stated that petitioner’s agency was entrusted with the work of supplying mid day meals to the school. Petitioner No.1 along with ten members are allotted Zilla Parishad High School, Allugundu village; petitioner No.2 and group have been allotted the Mandal Parishad Eleementary Group, Allugundu village; and petitioner No.3 and group have been allotted Mandal Praja Parishad High School, Cherlakothuru Village. Petitioner states that while they continued to work, there are attempts made by the respondents to discharge them and entrust the work to some other new agency. Hence, the present writ petition is filed seeking a Mandamus against the proposed action of removing the petitioners from discharging its duty in implementing the mid day meal programme.
3. It is brought to my notice that this court in W.P.No.22120 of 2014 and batch, dated 05.09.2014, has considered similar matters and directed that as per the scheme laid out in G.O.Ms.No.94 Education (SE-PROG-I) Department, dated 15.11.2002, the necessary procedure is required to be followed for replacing existing agencies where there are allegations against the existing agency and the summary enquiry shall be conducted before recognizing the new agency. The said batch of writ petitions was accordingly disposed of.
4. Since the grievance of the petitioners in the present writ petition is similar, there shall be a similar direction to the respondents to follow the provisions of G.O.Ms.No.94, referred to above, and only after conducting an enquiry, appropriate action for replacing petitioners will be taken.
With the above direction, the writ petition is disposed of.
Office to append copy of the order in W.P.No.22120 of 2014 to this writ petition. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J October 8, 2014 LMV