IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 2533 of 2004 BETWEEN: Chaitanya Vidyalaya Society, Azad Road, Bhongir, Nalgonda District, rep. by its Secretary, T. Chandraiah, S/o Narsaiah, aged 50 years, R/o Bhongir, Nalgonda District. ... PETITIONER AND 1 The Commissioner and Director of School Education, Andhra Pradesh, Saifabad, Hyderabad. 2 The District Educational Officer, Nalgonda, Nalgonda District. ...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 for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble High Court may be pleased to pass orders, particularly one in the nature of Writ of Mandamus, declaring the orders of the 2nd respondent in Progs.No.10313/A7/2002, dated 16-10-2003 and 1-1- 2004 and the consequential action of rejecting the pay bills of the Aided Teachers as arbitrary, illegal, discriminatory, and violative of Articles 14 and 19(1) (g) of the Constitution of India, and contrary to the definition of Primary Education under Section 2(34) of the A.P.Education Act, and consequently set-aside the same, and direct the respondents not to interfere with the existing pattern of Upper Primary School under Primary Education and High School under Secondary Education, and grant such other relief. Counsel for the Petitioner: MR.KASAJAGANMOHAN REDDY Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER: Petitioner-school questions the order of the District Educational Officer, Nalgonda dated 16.10.2003 and 01.01.2004 in bifurcating the petitioner-school into two units. 2. Counter has been filed stating that initially the petitioner-school obtained recognition for 1st to 7th classes accorded by the District Educational Officer and recognition for 8th to 10th classes accorded by the Regional Joint Director of School Education. As per the proceedings of the Commissioner and Director of School Education and policy of the Government as enunciated in G.O.Ms.No.1 Education dated 01.01.1994 and G.O.Ms.No.524 dated 20.12.1998 instructions have been issued for bifurcation of primary classes as a separate school from secondary schools. With regard to admission of the petitioner-school in grant-in-aid, the DEO issued bifurcation orders. It is stated that the bifurcation of the petitioner-school from 1st to 5th classes as primary school and from 6th to 10th as high school is in accordance with law and the recognition has been renewed from 2004-05 to 2008-09. Thus, it is case of the respondents that the cause does not survive and that the averments made in the counter have not been disputed. 3. In view of the aforesaid counter, I am of the opinion that no further orders are required to be passed in this writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 17, 2008 DSK