IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 14366 of 2004 Between: P. Sambasiva Rao S/o. Panakalu Sree Rama Krishna Hindu High School Committee, Amaravathi, Guntur District. ..... PETITIONER AND 1 Mallella Sreenath Chouhary H.No.4-55-33/1, Vidyanagar, First Lane, Guntur-7. 2 The District Educational Officer, Guntur. 3 the Regional Joint Director of School Education, Guntur. 4 The Dy. Educational Officer, Sattenapalli, Guntur District. 5 The Director and Commissoner of School Education, Hyderabad. 6 Sree Rama Krishna Hindu High School, Amaravathi, Guntur District rep. by its Head Master. .....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 Issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents 2 to 5 herein in permitting the 1st respndent to fill up the posts of the Aided Teaching and Non-teaching Staff of Sree Rama Krishna Hindu High School, Amaraathi, Guntur as highly illegal, arbitrary, in violation of the rules. Counsel for the Petitioner:MRS.S.NANDA Counsel for the Respondent Nos.2 to 5: GP FOR EDUCATION The Court made the following : ORDER: The petitioner seeks a writ of mandamus declaring the action of the official respondents 2 to 5 in permitting the first respondent to fill up the posts of aided teaching and non-teaching staff of Sree Rama Krishna Hindu High School, Amaravathi, Guntur, as illegal and arbitrary. It is stated that the governing body of the first respondent is duly elected one and the management of the first respondent was took over by virtue of civil Court orders in O.S.No.148 of 1999 on the file of the Principal Junior Civil Judge, Satenapalli. It is stated that the permission given by the first respondent for filling up the vacancies is illegal and arbitrary. It is not in dispute that though the petitioner is not a party to the civil suit, as long as the decree is there, and any independent orders have been obtained by the petitioner ignoring the body of the first respondent, it cannot be said that the action of the respondents 2 to 5 in permitting the first respondent to fill up the posts is illegal and arbitrary. In view of the aforesaid facts and circumstances of the case, I do not see any merit in the writ petition and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:21.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}