IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NOS.15471 AND 16789 OF 2002 WRIT PETITION NO : 15471 of 2002 Between: Para Venkateshwarlu S/o.P.Guruvaiah R/o.Ward.No.22 Shanthinagar Khammam ..... PETITIONER AND 1 Government of Andhara Pradesh rep.by its Secretary Higher Education Department Secretariat Hyderabad 2 The Commissioner of Intermediate Education Govt. of A.P Nampalli Hyderabad 3 The Regional Joint Director of Intermediate Education Warangal 4 Principal Govt. Junior College for Boys Sathupalli Khammam District 5 Alluri Srirama Raju Government Junior College Khammam .....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 issue an order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the G.O.Ms.No.55, of Higher Education (H.E.I) Department dated 2-8-2002 shifting the A.S.R Government Junior College at Shanthinagar, Khammam as illegal and arbitrary and consequently set aside the G.O.Ms.No.55, Higher Education (H.E.I) Department dated 2-8-2002 with as direction to continue A.S.R Government Junior College at Shanthinagar, Khammam and pass such further order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: GP FOR HIGHER EDUCATION AND WRIT PETITION NO : 16789 of 2002 Between: Student Federation Of India Khammam Town Committee rep.by its Secretary:A.Satyanarayana Havin its Office at Balajinagar Khammam ..... PETITIONER AND 1 Government of Andhra Pradesh rep.By its Secretary,Higher Education Department Secretariat Hyderabad 2 The Coammissioner of Intermediate Education Govt.of A.P,Nampally Hyderabad 3 The Regional Joint Director of Intermediate Education Warangal 4 The Dist Vocational Educational Officer Khammam & Nalgolda Khammam 5 The District Collector Khammam 6 Alluri Sri Raam Raju Govt.Jr.College Khammam rep.by its Principal .....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 issue an order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in shifting the A.S.R.Govt.Jr.College at Shanthinagar, Khammam as illegal, arbitrary and liable to be set aside and to pass such order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.RAGHU Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following: COMMON ORDER: (per the Hon’ble The Chief Justice) Both these writ petitions were filed to declare the G.O.Ms.No.55 Higher Education (HE.I) Department, dated 02.08.2002, as illegal, arbitrary and without jurisdiction. While taking note of the allegations that the State Government had decided to shift Alluri Srirama Raju Government Junior College located in Shantinagar area of Khammam town to Sathupalli in Khammam District and to convert the same as Government Junior College for Girls, earlier a Division Bench has remarked that there was justification in the proposal of the Government in establishing a separate Junior College for Girls at Sathupalli and that part of the decision will not be disturbed since it was the policy of the Government to establish colleges for girls. But so far as shifting of Alluri Srirama Raju Government Junior College located in Khammam town to Sathupalli is concerned, the Bench observed that there was some force in what the petitioners allege that if Alluri Srirama Raju Government Junior College is shifted from Khammam town, the students of that locality, who were mainly from scheduled castes, scheduled tribes and backward classes and studying there for several years, would be subjected to irreparable loss and injury. Accordingly, the operation of G.O. was suspended. Status-quo was directed to be maintained. Learned counsel for the petitioner in W.P.No.16789 of 2002 states that he has come across information that the impugned G.O.Ms.No.55 stands withdrawn by the Government. Since the very G.O. has been withdrawn, the writ petitions have been rendered infructuous, and we dispose of the same with liberty reserved to the writ petitioners for reviewing, in case of any grievance surviving or G.O. not having been withdrawn. __________________ (DEVINDER GUPTA, CJ) 14.02.2005 __________________________ (B.SESHASAYANA REDDY, J) DR To 1 Government of Andhara Pradesh rep.by its Secretary Higher Education Department Secretariat Hyderabad 2 The Commissioner of Intermediate Education Govt. of A.P Nampalli Hyderabad 3 The Regional Joint Director of Intermediate Education Warangal 4 Principal Govt. Junior College for Boys Sathupalli Khammam District 5 Alluri Srirama Raju Government Junior College Khammam 6 2 CCs to Government Pleader for High Education, High Court Buildings, Hyderabad. (OUT) 7 2 CD copies 8 The District Collector, Khammam. 9 The District Vocational Educational Officer, Khammam and Nalgonda.