THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition Nos.14218 and 14227 of 2010 Dated:23rd June, 2010 W.P.No.14218 of 2010 Between:
Sahitya Educational Society, Dhandayudhapuram, Acharyaveedhi, Nellore, rep. by its Seretary and Correspondent Mr.R.V.Rami Reddy ….Petitioner and 1. The Govt. of A.P., rep. by Secretary, Education Department, Hyderabad & Ors.
…Respondents **** W.P.No.14227 of 2010 Between:
1. S.Visweswaraiah & Ors. and ….Petitioners
1. The Govt. of A.P., rep. by Secretary, Education Department, Hyderabad & Ors.
…Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14218 and 14227 of 2010 COMMON ORDER:
The issue involved in these two writ petitions is one and the same and therefore, they are heard together and are being disposed of by this Common Order.
2. In these two writ petitions, the proceedings of the Board of Intermediate Education, rep. by its Secretary, Hyderabad-2nd respondent, dated 17.06.2010, are assailed on various grounds. The grounds urged by the petitioners in their respective petitions are not required to be detailed in view of the order proposed to be passed. It is suffice to say that W.P.No.14218 of 2010 is filed by Sahitya Educational Society, Nellore and whereas, W.P.No.14227 of 2010 is filed by parents of the students who are pursuing Intermediate Course in Krishna Chaitanya Junior College. Sahitya Educational Society, Nellore, has been running Krishna Chaitanya Junior College. The recognition and affiliation has been given to Krishna Chaitanya Junior Collee by the Board of Intermediate Education, Hyderabad, in the year 2005. During the public examinations of Intermediate Course held in the month of March, 2010, certain mal-practices have been noticed in Krishna Chaitanya Junior College. Thereupon, a show-cause notice came to be issued to the Secretary and Correspondent of Krishna Chaitanya Junior College, Nellore. An explanation came to be submitted for the said show-cause notice. The Secretary, Board of Intermediate Education, Hyderabad-2nd respondent considered the explanation and proceeded to pass the orders on 17.06.2010. The relevant portion of the said order reads as hereunder:
“In view of the above the Secretary, Board of Intermediate Education hereby ordered for withdrawal of Letter of Intent issued vide reference 7th cited above and for disaffiliation of Krishna Chaitanya Junior College, Nellore by exercising the powers vested under Rule 9 of G.O.Ms.No.29, Edn. (Rules), dated 05.02.1987 with effect from 2010- 11.”
The said order is assailed in these two Writ Petitions.
3. When these Writ Petitions came up for admission, Ms.C.Sindhu Kumari, learned Standing Counsel for Board of Intermediate Education, Hyderabad, takes notice on behalf of the respondents 2 and 3.
4. Heard Sri B.V.Subbaiah, learned counsel appearing for the petitioner in W.P.No.14218 of 2010; Sri D.Prakash Reddy, learned Senior Counsel appearing for the petitioners in W.P.No.14227 of 2010 and Sri C.Satyanarayana Prasad, learned Senior Counsel representing Ms.C.Sindhu Kumari, learned Standing Counsel appearing for the respondents 2 and 3 in both the writ petitions.
5. Though the learned counsel appearing for the parties submitted arguments elaborately with regard to merits of the case, I am not inclined to adjudicate these writ petitions on merits, since the efficacious remedy of appeal under Section 89 of the A.P. Education Act, 1982, is available to the aggrieved party against the order impugned in these writ petitions.
6. In that view of the matter, both the Writ Petitions are disposed of at the admission stage reserving the liberty to the petitioners to avail the alternative remedy of appeal as provided under Section 89 of the A.P. Education Act, within two weeks from today. Till the disposal of the appeal or the stay application, in the event of such stay application is being moved by the aggrieved party, whichever is earlier, the order impugned in these Writ Petitions shall not be given effect. It is also made clear that Krishna Chaitanya Junior College, Nellore being run by Sahitya Educational Society, Nellore, shall not make any further admissions from this day onwards pending disposal of the appeal proposed to be filed. If the appeal is not filed within the period stipulated above, the interim order shall stand vacated. No costs.
B.SESHASAYANA REDDY, J.
Date:23rd June, 2010.
cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition Nos.14218 and 14227 of 2010 Dated:23rd June, 2010