IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15978 of 2008 Between: The School Management Committee of Sri Tanguturi Prakasam Panthulu Municipal High School, Ramachandrapuram, E.G. District , Rep. by its Chairperson Smt. M. Chitti Rani ..... PETITIONER AND 1 The District Collector, East Godavari at Kakinada. 2 The District Educational Officer, East Godavari at District 3 The Executive Engineer,. Social Welfare (Engineering) Wing, East Godavari at Kakinada. 4 The Commissioner, Ramachandrapuram, E.G. DIstrict. 5 The Head Master Sri T.P.P. Municipal High School Kothuru, Ramachandrapuram, E.G. 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 more particularly one in the nature of writ of Mandamus declaring the proceedings of the 1st Respondent bearing Rc.No.208-B4/2006 dt.5-5- 2008 as illegal, arbitrary and in violation of the principles of natural justice and consequently direct the respondents to permit the petitioner to execute the work relating to XII Finance funds allotted to STPP Municipal High School, Kothuru, Ramachandrapuram, East Godavari District, forthwith and pass Counsel for the Petitioner: MR.N.SIVA REDDY Counsel for the Respondent No.1: G.P For Revenue Counsel for the Respondent Nos.2 & 5: G.P For Education Counsel for the Respondent No.3: G.P For Social Welfare Counsel for the Respondent No.4: Sri S. Nageswar Reddy (S.C.) The Court made the following : ORDER: This writ petition is filed by the School Management Committee of Sri Tanguturi Prakasam Panthulu Municipal High School, Ramachandrapuram, E.G. District represented by its Chairperson Smt. M. Chitti Rani, assailing the action of the District Collector, East Godavari District in allotting the work sanctioned worth Rs.3,90,000/- to Sri Tanguturi Prakasam Panthulu Municipal High School, Kotturu, Ramachandrapuram through tender procedure. The petitioner was appointed as School Management Committee by the District Collector and an amount of Rs.3,90,000/- was allotted to it for the purpose of reconstruction of additional class rooms and normal and minor maintenance of the high school building. The District Collector accorded administrative sanction for the said works and issued proceedings dated 12.12.2007. The work is to be executed through School Managing Committee or to follow the tender procedure as per the guidelines. Thereafter, the School Management Committee took up the work and entered into an agreement with the third respondent on a stamped paper of Rs.100/-. Thereupon, the District Educational Officer, East Godavari District, addressed a letter to the Executive Engineer, Social Welfare (Engineering) Wing, East Godavari District at Kakinada, to take appropriate action. While so, the District collector issued revised proceedings vide Rc.No.208-B4/2006, dated 5.05.2008 whereby and whereunder the Executive Engineer, Social Welfare (Engineering) Wing, Kakinada was directed to take up the work through tender procedure duly following the technical guidelines. The said proceedings are challenged in this writ petition. According to the petitioner, the revised proceedings came to be issued at the instance of the local Minister, who addressed a letter to the District Collector against the School Management Committee. When the writ petition came up for admission, G.P. for Revenue received notice for respondent No.1, G.P. for Education received notice for respondent Nos.2 and 5, G.P. for Social Welfare received notice for respondent No.3, and Sri S. Nageswara Reddy, learned Standing Counsel for Ramachandrapuram Municipality received notice for respondent No.4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for respondent No.4. Learned counsel appearing for the petitioner submits that the District Collector revised the proceedings with regard to the mode of execution of works at the instance of the local Minister and therefore, the power exercised by the District Collector is not fair and proper. On the other hand, the learned Standing Counsel appearing for fourth respondent submits that even in the proceedings dated 12.12.2007 two modes have been prescribed for execution of work, one is through the School Management Committee and another is through tender procedure as per the guidelines. He also contended that the District Collector issued the proceedings dated 5.5.2008 to follow the tender procedure to have more transparency in the execution of works. Indisputably, the work has not been commenced so far. The District Collector under proceedings dated 12.12.2007 directed the Executive Engineer, Social Welfare (Engineering) Wing, Kakinada to conclude the agreement with the School Management Committee or to follow the tender procedure as per guidelines. Subsequently, the revised proceedings dated 5.05.2008 directing the Executive Engineer, Social Welfare (Engineering) Wing, Kakinada were issued to take up the work through the tender procedure duly following the technical guidelines. In my considered view, the direction given by the District Collector to follow the tender procedure is more transparent. Therefore, I do not see any irregularity or illegality committed by the first respondent in issuing the impugned proceedings. Accordingly, the Writ Petition is dismissed at the admission stage. _________________________ (B. Seshasayana Reddy, J.) 25th July, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, East Godavari at Kakinada. 2 The District Educational Officer, East Godavari at District 3 The Executive Engineer,. Social Welfare (Engineering) Wing, East Godavari at Kakinada. 4 The Commissioner, Ramachandrapuram, E.G. DIstrict. 5 The Head Master Sri T.P.P. Municipal High School Kothuru, Ramachandrapuram, E.G. District. 6 2 CCs to G.P. for Revenue, High Court of A.P. Hyderabad. (OUT) 7 2 CCs to G.P. for Education, High Court of A.P. Hyderabad.(OUT) 8 2 CCs to G.P. for Social Welfare, High Court of A.P. Hyderabad(OUT) 9 2 CD copies.