IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.13807 OF 2010 Between : Care Wood Concept School. Rep.by its President V.N.Subhash Chandra Bose.... PETITIONER AND 1. The State of Andhra Pradesh 2. The Commissioner & Director of School Education. 3. The Regional Joint Director of School Education. 4. The District Educational Officer. 5. The District Collector. …RESPONDENTS THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.13807 OF 2010 ORDER: This Writ Petition originally filed by Care Wood Concept School, Narsipatnam (Vizag District), run by Anagha Educational Society, represented by Sri V.N.Subhash Chandra Bose, with a prayer to issue writ or order or direction more particularly in calling for the proceedings of the Mandal Educational Officer, Narsipatnam, Vizag District, vide bearing R.C.No.418/2010, dated 24.05.2010, and quash the same. Subsequently the petitioner filed W.P.M.P.No.17893 of 2010, seeking substitution of name of the petitioner as Anagha Educational Society, having Government registration No.134/2005, represented by its President V.N.Subhash Chandra Bose S/o V.V.Mohan Rao. The said application came to be ordered. 2. The Government of Andhra Pradesh with an intention to promote setting up of “Rural Residential Public Schools” (RRPS) through Public-Private Partnership, invited participation from interested industrial and corporate groups, Non-Governmental Organizations running schools in a philanthropic manner. 3. The Government of Andhra Pradesh through Principal Secretary to Government, School Education Department, had addressed a letter bearing No.12258/SE.PS.I/2007, dated 08.10.2007, to the individuals to furnish certain information and documents / statements etc., showing the ability to spend Rs.10.00 to Rs.12.00 crores towards non-recurring costs of the schools. The Government also issued G.O.Ms.No.102 dated 22.11.2007, approving the scheme of setting up of Rural Residential Public Schools through public partnership in the entire State. 4. A Memorandum of Understanding came to be entered between the petitioner society and the first respondent for setting up the Rural Residential Public Schools in Narsipatnam Village of Visakhapatnam. As per the said Memorandum of understanding, the Government permitted the petitioner to set up the school. The petitioner society after obtaining necessary permission from the Government, established a school in the name and style of Care Wood Concept School, Narsipatnam, Visakhapatnam. The recognition has also been granted to the petitioner school. The school is run by the petitioner society from the year 2009-2010 for classes I to X. Thereafter the petitioner society submitted representation on 23.04.2010, for recognition for the year 2010- 2011. The said application is stated to be pending for consideration. While so, the Mandal Educational Officer, Narsipatnam, issued proceedings dated 24.05.2010 vide R.C.No.418 of 2010, marking a copy to the school run by the petitioner society to close the same. The said proceeding is assailed in this writ petition. 5. When the writ petition came up for admission, the learned Government Pleader for School Education takes notice on behalf of respondents. 6. Heard the learned counsel appearing for the petitioner and learned Government Pleader appearing for the respondents 1 to 5 7. Learned counsel appearing for the petitioner drew my attention to the Memorandum of Understanding entered between the petitioner society and the Government of Andhra Pradesh, whereunder certain obligations have been undertaken by the Government of Andhra Pradesh. The emphasis has been laid in Clause (4) in the Memorandum of understanding which reads as hereunder: “Assist the second party in obtaining all the necessary and required permissions for civil constructions, recognition for the school(s), from the State Government, C.B.S.E., or any other board, etc”. 8. A reading of the Memorandum of understanding indicates that the Government of Andhra Pradesh has to facilitate the petitioner society in obtaining necessary and required permissions for civil constructions, recognition for the school (s), from the State Government C.B.S.E. or any other board. 9. Indeed the petitioner society submitted an application dated 23.04.2010, seeking recognition for the years 2010-2011. The said application is stated to be pending consideration with the District Educational Officer, Visakhapatnam. While so, the Mandal Educational Officer, issued proceeding dated 24.05.2010, marking copy to the school / petitioner society. The proceeding issued by the Mandal Educational Officer, does not indicate the fate of the application filed by the petitioner society seeking recognition for the year 2010-2011. In that view of the matter, I deem it appropriate to dispose of the writ petition directing the respondent No.4 – District Educational Officer, to consider the representation dated 23.04.2010 of the petitioner society and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. No costs. 10. In the mean-while there shall status-quo existing as on today with regard to the functioning of the school run by the petitioner society. ____________________________ B.SESHASAYANA REDDY, J JUNE 22, 2010. YVL