IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2795 of 2009 Between: New Priyadarshini High School Rep. by its Secrtary & Correspondent Smt. N. Pushpalatha, W/o.N. Prakash, Aged about 38 Years, R/o. Yellammagutta, Nizamabad. ..... PETITIONER AND 1 The Director of Government Examination, Chapal Road, Hyderabad. 2 The District Educational Officer, Nizamabad, Nizamabad District. .....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 to issue a Writ, order or direction more particularly one in the anture of Writ of Mandamus declaring the action of the respondents not ot issuing the Nominal Rolls and ICR forms to the petitioner institution for 10th class public examination for the academic year 2008-09 is illegal, arbitrary and violation of principles of natural jsutice and pass Counsel for the Petitioner:MRCH.JANARDHAN REDDY Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 2795 of 2009 Oral order: By this writ petition, the petitioner seeks to declare the action of the respondents in not issuing nominal rolls and ICR forms to the institution for 10th class public examination for the academic year 2008-09 as illegal and arbitrary. The learned counsel for the petitioner submits that because of the action of the respondents in not issuing nominal and ICR forms, the interests of the 10th class students to appear for the Public Examinations, is jeopardized, and prayed necessary directions be given to the respondents to issue nominal rolls and ICR forms to enable the students of the petitioner appear for the SSC Public Examinations. Respondent No.2, namely the District Educational Officer, Nizamabad, filed counter. The learned Assistant Government Pleader for School Education appearing on behalf of the respondents reiterating the counter averments submitted that except five students out of 58, all other students got admitted in different schools. In fact, to avoid hardship to the said five students, OMR-cum-ICRs were supplied to the petitioner, vide proceedings dated 21.02.2009, but the management of the petitioner- school refused to receive the same. The learned counsel for petitioner disputed the above stand taken by the respondents. However, having regard to the statement made by the learned Assistant Government for School Education that except for five students out of 58, who got admitted in different schools, they have made necessary arrangements for them to appear for SSC Public Examinations, and since they have said to have supplied OMR-cum-ICRs in respect of the said five students also, which the management of the petitioner is said to have received, I am of the considered opinion that even though there is negligence on the part of the petitioner, but with a view to protect the interests of the petitioner I deem it appropriate to dispose of the writ petition with the following directions: The 2nd respondent, namely the District Educational Officer, Nizamabad, is directed to issue nominal rolls and OMR-cum-ICRs to the five students forthwith and permit the said students to appear for the SSC Public Examinations schedule to be held from 23rd March, 2009. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 18th March, 2009 KSR