IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 21570 of 2003 Between: G.SAMUEL JACOB S/O SUNDARA RAO, MANAGER AND CORRESPONDANT HINDU AIDED ELEMENTARY SCHOOL, KOYYALAGUDEN MANDAL WEST GODAVARI DIST ..... PETITIONER AND 1 DIST EDUCATIONAL OFFICER ELURE W.G. DIST 2 THE MANDAL EDUCATIONAL OFFICER KOYYALAGUDEM MANDAL, WEST GODAVARI DIST .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to Declaring the action of proceedings of the respondent one in RC No 53/A4/2003 dt.07.09.2003 as illegal and violation of principles of natural justice and contrary to section 24(3)(a) of the AP Education Act 1982. Counsel for the Petitioner:MR.BADANA.BHASKARA RAO Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.21570 of 2003 ORDER: The petitioner questions the order, dated 07.09.2003, passed by the District Educational Officer, West Godavari District-1st respondent, in suspending his Correspondentship and in appointing the Mandal Educational Officer, Koyyalagudem, as special officer in respect of Hindu Aided Elementary School, Mangapathidevipeta of Kayyalagudem Mandal, as illegal, arbitrary, without jurisdiction and against the principles of natural justice. 2. This Court, while admitting the Writ petition on 14.10.2003, in WPMP.No.26934 of 2003 granted interim suspension of the impugned order. 3. Learned counsel appearing for the petitioner submits that, admittedly, the impugned order is passed without giving any show cause notice to the petitioner, and under Section 24 of the A.P.Education Act, 1982 and the Rules made thereunder, the competent authority for appointment of the Correspondentship of the primary schools is the Director of School Education, but not the District Educational Officer. 4. No counter has been filed. But however, the learned counsel appearing for the respondents submits that pursuant to the interim order passed by this Court on 14.10.2003 and since the petitioner assured that he will provide all facilities to the School run by him, apart from his withdrawing the writ petition, the 1st respondent, by proceedings dated 01.02.2004, has restored the Correspondentship of the petitioner. A copy of the letter, dated 03.06.2008, addressed by the petitioner to that effect is also filed before this Court. 5. As it is stated that the District Educational Officer, West Godavari, Eluru vide his proceedings in Rc.No.53/A4/2003, dated 01.02.2004, has restored the Correspondentship of the petitioner and the impugned order passed by the 1st respondent, dated 07.09.2003, is not in force, no further orders are required to be passed in the writ petition. 6. The writ petition is, accordingly, closed. No order as to costs. __________________ Justice V.Eswaraiah 22.07.2008 v v