THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33193 of 2011 BETWEEN: M/s. Nexgen Educational Trust, Rep. By its Author of the Trust Sri T. Jayachand. …. PETITIONER And 1. Commissioner & Director of School Education, Government of A.P., Hyderabad and others. …. RESPONDENTS ORDER: The sole grievance of the petitioner-institution is that respondent No.5 has not taken a decision on its representation dated 25.07.2011 for issuance of Fire Safety Certificate and the inaction of respondents 1 to 4 in considering its application for sanction of permission to establish a school, the petitioner has filed this writ petition for appropriate orders directing the respondents to take a decision in the matter. Having regard to the said short relief, this writ petition is being disposed of as represented by Sri T. Rajendra Prasad, learned counsel for the petitioner and the learned Assistant Government Pleader for School Education. It is the case of the petitioner that it submitted an application in the month of October, 2010 for permission to establish a school for classes 1 to 10 in the name and style of Sri Chaitanya Techno School. As the said application was not considered, it filed a writ petition W.P.No.21054 of 2011 and this Court by order dated 7.07.2011 disposed of the said writ petition with a direction to respondent No.2 to pass appropriate orders within a period of three weeks from the date of receipt of a copy of the order. Since the 2nd respondent did not dispose of the application as per the directions of this Court, the petitioner has filed this writ petition. Sri T. Rajendra Prasad, learned counsel for the petitioner, submits that despite considerable time has elapsed, the respondents have not considered the application of the petitioner without any valid reason. He therefore submits that respondent No.2 be directed to take a decision in the matter within a time frame. The learned Assistant Government Pleader brought to the notice of this Court that the petitioner-institution did not file the application in the manner required under Rules 5 and 6 of the A.P. Educational Institutions Rules, 1993. As per Rules 5 and 6 an educational agency desirous of opening a school or upgrading the existing school shall comply with certain requirements, which inter alia provides for play ground facilities, sketch plan of the site indicating the proposed location of the school, a plan of the building, evidence of ownership of the land and building, and fire fighting certificate. The application of the petitioner was not considered since it did not file the said certificates. The contention on behalf of the respondents appears to be correct that while submitting the application, the petitioner has not submitted the aforesaid documents. Sri T. Rajendra Prasad, however, submits that subsequent to the filing of the writ petition, the petitioner obtained no objection certificate from the Gram Panchayat on 20.02.2011, a certificate dated 7.06,2011 from the Sanitary Department and fire safety certificate on 26.11.2011. The learned counsel further submits that the petitioner- institution has provided playground facilities also. Thus according to the learned counsel, even though these certificates were not produced along with the application, the petitioner has furnished the same at least by now. Taking these facts into consideration, it cannot be said that there was no valid reason for the respondents for withholding the permission so far. In any event, the learned counsel for the petitioner states that the petitioner received another notice dated 17.12.2011 from the District Educational Officer, Ongole, the 3rd respondent herein, calling upon it to rectify the shortcomings and the petitioner has responded thereto by submitting letter dated 22.12.2011 stating that it has fulfilled all the conditions. In view of the later developments as noted above, I deem it appropriate to direct the Regional Joint Director of School Education, Guntur, the 2nd respondent herein, to consider the application of the petitioner for permission to establish a school and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. There shall be no order as to costs. In view of disposal of the writ petition, W.P.M.P.No.41251 of 2011 is dismissed as unnecessary. _________________ NOUSHAD ALI, J 26th December, 2011. Js