IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12262 of 2008 Between: Sri Siddhartha Junior college/ Sai Prasanna Educational Academy, Rep by its Secretary/Correspondent, B.Susheela, W/o. Rajeshwar,aged 34 years, R/o. Dudekulapally, Post Buddaram, Bhupalpally Mandal, Warangal, Warangal District. ..... PETITIONER AND 1 The Secretary, Board of Intermediate Education, Andhra Pradesh, Vidya Bhavan, Nampally, Hyderabad. 2 The District vocational Educational Officer, Warangal, Warangal District. 3 The Regional Inspection Officer, Warangal, Warangal 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 will be pleased to issue an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus to declare the impugned proceedings in Rc.No.20219/E1-1/2008 dated 28-05-2008 issued by the 1st respondent as illegal, arbitrary, unreasonable and also in violation of principles of natural justice and also besides in violation of Article 14, 16 and 21 of Constitution of India and set-aside the same and consequently direct the 1st respondent to permit the petitioner to run the college for the Academic year 2008-2009 and pass such other appropriate orders. Counsel for the Petitioner: MR. C.RAJA SEKHAR REDDY Counsel for the Respondent No.: KUM.C.SINDHU KUMARI The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 12262 OF 2008 ORDER: This writ petition has been filed by Sri Siddartha Junior College/Sai Prasanna Educational Academy, represented by its Secretary/Correspondent with a prayer to issue an appropriate writ, order or direction, preferably, one in the nature of Writ of Mandamus declaring the proceedings in Rc.No.20219/E1-1/2008 dated 28-05-2008 issued by the Secretary, Board of Intermediate Education, Andhra Pradesh as illegal, arbitrary and unreasonable. The petitioner society runs a Junior College, by name Sri Siddartha Junior College/Sai Prasanna Educational Academy, Buddaram Post, Bhupalpally Mandal, Warangal and it is affiliated to Board of Intermediate Education, Andhra Pradesh. Some irregularities were found in conducting the intermediate examination from 05-03-2008 to 19-03-2008 and enquiry was conducted and there upon a show cause notice was issued to the petitioner society calling for explanation as to why the recognition/ affiliation should not be withdrawn by exercising the power under Rule 9 of G.O.Ms.No.29 HE, dated 05-02-1987 vide proceedings in Rc.No.20219/E1-1/2008. The said show cause notice is under challenge in this writ petition. Heard the learned counsel appearing for the petitioner and the learned standing counsel for the respondents. Learned counsel appearing for the petitioner submits that the first respondent has taken a decision to re-recognise the petitioner’s institution and therefore, there would be no purpose in submitting explanation to the show cause notice. Reliance has been placed on the decision of Supreme Court in SHRI H.L. TREHAN v. UNION OF INDIA[1] wherein it has been held that once a decision has been taken, there is a tendency to uphold it and a representation may not yield any fruitful purpose. Learned standing counsel submits that so far explanation has not been received from the petitioner. On the other hand, learned counsel for the petitioner submits that the petitioner submitted explanation on this day in the office of the respondents. Since the petitioner has furnished the explanation to the show cause notice, it is for the respondents to consider the explanation and pass appropriate orders. In that view of the matter, the writ petition is disposed of directing the respondents to consider the explanation and pass appropriate orders as expeditiously as possible, preferably, within a period of one month from the date of receipt of a copy of this order. No order as to costs. __________________________ B. SESHASAYANA REDDY, J. Dated: 13-06-2008 Rns ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Board of Intermediate Education, Andhra Pradesh, Vidya Bhavan, Nampally, Hyderabad. 2 The District vocational Educational Officer, Warangal, Warangal District. 3 The Regional Inspection Officer, Warangal, Warangal district. 4 CCs to 5 2CD copies [1] 1989(1)SLR