IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 24302 of 1998 Between: Vidyaniketan Upper Primary Primary School Committee, rep. by it's Correspondent B.Subbaiah,S/o. Subbaiah, R/o Nabikot, Akkaipally,Cuddapah. ..... PETITIONER AND 1 The Mandal Educational Officer-Cum-Election Officer, Cuddapah. 2 The Govt. of Andhra Pradesh, Rep. by it's Secretary, Education Department, Secretariat, Hyderabad. 3 Govt. of Andhra Pradesh, Rep. by it's Secretary, Law , Justice & Legislature Affairs, Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring A.P.School Education (Community Participation) Act, 1988 (Act. No.13/1998) as unconstitutional and ultravires the legislature competence of the State Government and consequently restrain the respondents from enforcing the provisions of A.P. School Education (Community Participation) Act,1998 and grant such other relief as deems fit and proper in the circumstances of this case. Counsel for the Petitioner: MR.L.J.VEERA REDDY Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) Heard the learned counsel for the parties. The petitioner challenges the validity of the A.P.School Education (Community Participation) Act, 1998. Earlier, W.P.Nos.21368 of 1998 and batch were filed for the same purpose and a Division Bench of this Court, while disposing of the said batch of writ petitions, made the following order: “Heard the learned counsel for the parties. The petitioners want exemption from the purview of A.P.School Education (Community Participation) Act, 1998. For this purpose these writ petitions have been filed. During the hearing learned Government Pleader for School Education produced a letter written by the Government of Andhra Pradesh to him on 18.12.2000. The letter is reproduced: “Government of Andhra Pradesh Education (Prog.II) Department Memo.No.31826/Prog.II.2/98-9 Dated 18.12.2000 Sub: A.P.High Court – W.P.No.21071/98 filed by Douglous Memorial Residential High School, Rajahmundry, E.G.Dist. Against certain provisions of A.P.S.E.Act 13 of 98 – Amendment proposed – Reg. Ref: From G.P. Letter No.W.P.21071/98/SE/HC, dt.27.7.98. … With reference to the letter cited, the Government Pleader for School Education, Andhra Pradesh High Court, Hyderabad is informed that Government is examining the issue of exempting private aided management schools from the purview of A.P.School Education (C.P) Act, 1998 while taking a different view on private aided schools keeping in view of the management role etc., as per rule 15 of the rules issued in G.O.Ms.No.1, Edn.Dept., dt.1.1.94 which were issued under section 20 and 21 of A.P.Education Act 1 of 1982 that every school under private management whether aided and unaided shall constitute a Governing body to advise the educational agency in various aspects of administration of schools including financial matters, admissions etc. Government Pleader for School Education, A.P.High Court, Hyderabad therefore requested to appraise the above position to the Hon’ble High Court. I.V.SUBBA RAO SECRETARY TO GOVERNMENT” Since the Government is examining the issue of exempting the private aided management schools from the purview of A.P.School Education (C.P) Act, 1998, therefore, we feel that it will serve no purpose to keep these writ petitions pending. Accordingly the writ petitions are disposed of with a direction that the Government of Andhra Pradesh shall consider the issue of exemption of private aided management schools (petitioners) from the purview of A.P.School Education (C.P) Act, 1998 and pass appropriate orders within a period of eight weeks. For a period of eight weeks or till such time within eight weeks when the Government passes an order, the interim order passed by this Court earlier shall remain. No costs.” In view of the above, the present writ petition is disposed of with a direction that the Government of Andhra Pradesh shall consider the issue of exemption of private aided management schools, including the petitioner herein, from the purview of A.P.School Education (Community Participation) Act, 1998 and pass appropriate orders within a period of eight weeks. For a period of eight weeks or till such time within eight weeks when the Government passes an order, the interim order passed by this Court earlier shall remain. No order as to costs. _________________ V.ESWARAIAH, J. _________________ SANJAY KUMAR, J. 2.4.2009 kpr