IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 23354 of 2004 Between: Maharshi Dayananda Upper Primary School Seethampet, Hasanparthy Mandal, Warangal Dist. rep. by its Correspondent Ch. Ramesh, S/o. Sambaiah, R/o. Hasanparthy. ... PETITIONER AND 1.The Commissioner and Director of school Education, A.P. Hyderabad representing the High Level Committee. 2.The District Educational officer, Warangal, Warangal District. 3.Government of A.P., rep. by its Secretary, Education Department, Secretariat, Hyderabad. ...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 a writ, order or direction more in the nature of Mandamus declaring the proc.Rc.No.2083/B3-2/2003, dated 1-4-2004 issued by the commissioner and Director of School Education, A.P., Hyderabad in communicating the decision of the High Level committee rejecting the proposal for admission of the posts to grant-in-aid while considering similarly situated Institutions vide Govt.Memo.No. 1004/PS.I/2004-1, dated 26-7-2004 and Memo.No. 1004/PS.I/2004-1, dated 28-7-2004 as illegal, arbitrary, unjust and violative of Articles 14 and 21 of the Constitution and hold the petitioner Institution is entitled to be considered for admission into grant-in-aid in terms of G.O.Ms.No.365, dated 10-10-1994 and pass such other and further orders. Counsel for the Petitioner: MR.D.BALA KISHAN RAO Counsel for the Respondents: GP FOR EDUCATION The Court made the following: ORDER: When the matter was taken up for hearing on 21.04.2008, as neither the petitioner appeared nor there was any representation on its behalf, the matter was directed to be listed under the caption ‘For Dismissal’. Today also, when the matter is taken up for hearing neither the petitioner appears nor there is any representation on its behalf. The writ petition is accordingly dismissed for default. There shall be no order as to costs. ______________ V. ESWARAIAH, J May 2, 2008 DSK