IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.4400 of 2005 Between: K.A.M.C. AIDED ELEMENTARY SCHOOL, Gudipatipalli, Rep. by its Correspondent, K. Isaac, S/o. Late Jacob, aged 55 Years, R/o. Gudipatipalli, Veligendla Mandal, Prakasam District. ...PETITIONER AND 1 The Government of Andhra Pradesh, Education Department, Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Educational Officer, Prakasam District at Ongole. 4 The Mandal Educational Officer, Veligendla Mandal, Veligendla, Prakasam 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 writ, order or direction more in the nature of Mandamus or any other appropriate Writ declaring the impugned proceedings in G.O.Rt.No.80, Education (SE:PS-2) Department, dated 04.02.2005 of the 1st Respondent as illegal, arbitrary and contrary to the provisions of the A.P. Educational Act and also the principles of natural justice and consequentially to set aside the same after call for the records and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.ANANDA RAO Counsel for the Respondents: GP FOR EDUCATION The Court made the following: THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.4400 Of 2005 ORDER: The petitioner is an Aided Elementary School and it is represented by its Correspondent, K.Isaac. The petitioner-School was established in the year 1907. Some complaints came to be lodged with the authorities with regard to certain irregularities in maintenance of the School. The Inspecting Officers pointed out various irregularities and thereupon, the management of the School came to be kept under suspension and Special Officer came to be appointed to look after the School. The petitioner-School filed W.P.No.19026 of 2004 assailing the proceedings dated 28.09.2004. The said Writ Petition came to be dismissed on the ground of availability of alternative remedy either under Section 89 or under Section 90 of the A.P. Education Act, 1982 {“the Act” for brevity}. Questioning the said proceedings dated 28.09.2004, the petitioner-School filed revision under Section 90 of the Act. The Government granted interim stay of the proceedings of the Commissioner & Director of School Education, A.P., Hyderabad, dated 20.11.2004. The revision filed by the petitioner-School came to be dismissed vide proceedings in G.O.Rt.No.80 Education (SE:PS-2) Department, dated 04.02.2005. Hence, this Writ Petition by the petitioner-School. Rule nisi came to be issued on 07.03.2005 and an order of status quo also has been issued under W.P.M.P.No.5866 of 2005. Subsequently, the respondents entered appearance and filed vacate stay petition in W.V.M.P.No.1143 of 2005. The said vacate stay petition came to be disposed of on 18.07.2006 and the order passed therein reads as under. “The writ petitioner is the KAMC Aided Elementary school, Gudipatipalli in Prakasam District, represented by its Correspondent. On certain allegations made, the Commissioner & Director of School Education, Andhra Pradesh, has passed order, suspending the correspondent of the petitioner-School and also, appointing the Mandal Educational Officer as Special Officer. As against the said order, the petitioner-School has preferred appeal before the Government and the Government also rejected the appeal preferred by the petitioner-School by order dated 4.2.2005 passed in G.O.Rt.No.80, Education (SE:PS-2) Department. It is submitted by Sri N.Subba reddy, learned Senior Counsel appearing for the petitioner that on filing the appeal, the matter was adjourned for hearing to 3.1.2005, but however, as the correspondent of the petitioner-School was suffering with serious ailment, telegram was sent seeking adjournment of the matter. But, however, without considering the said request, the appellate authority has passed impugned order. On the other hand, it is submitted by the learned Government Pleader appearing for the respondents that roll and attendance of students were not maintained properly in the petitioner-School, and, there is excess staff than required, and, in view of the status quo order passed by this Court, no steps have been taken under the scheme for rationalization to depute excess staff to the needy schools. This Court at the stage of admission granted interim order on 7.3.2005 and the said order is continued all along. Further, the plea of the petitioner that in spite of seeking adjournment by sending communication telegraphically, the appellate authority has disposed of the matter, is not controverted in the counter affidavit filed by the respondents. As the interim order was passed as early as on 7.3.2005 and continued all along, I deem it appropriate, to continue the said order till disposal of the Writ Petition. In that view of the matter, order dated 7.3.2005 is made absolute. However, it is clarified that the order of status quo passed by this Court is confined only to the claim of the correspondent of the petitioner-School and appointment of Special Officer. With regard to staff rationalization, and, transfer of excess staff to the needy schools, it is open for the respondents to issue notice and pass appropriate orders under the scheme for rationalization. WVMP and WPMP are accordingly disposed of.” Heard the learned counsel appearing for the parties. Learned counsel appearing for the petitioner-School submits that the Correspondent, who is representing the School before the Revisional Authority, could not be present on 03.01.2005 because of ill-health and thereby, orders came to be passed by the Revisional Authority without hearing him. Learned counsel refers the Medical Certificate issued by Dr. P.Sundar, M.D., Physician, Brindavanam, Nellore-524 001. As per the Certificate, the petitioner is stated to have fell ill from 03.01.2005 to 13.02.2005. Without going into the merits of the case, I deem it appropriate to set aside the order impugned in the Writ Petition and remand the matter back to the Revisional Authority to give an opportunity to the petitioner to represent his case, and pass appropriate orders. Till passing of the appropriate orders, the interim stay granted in W.P.M.P.No.5866 of 2005 and as modified in W.V.M.P.No.1143 of 2005 shall continue to be in operation. The Writ Petition is, accordingly, allowed. No costs. _______________________ (B.SESHASAYANA REDDY, J) 29th July 2009 RRB