HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5538 of 2006 Date : 15.11.2011 Between : S.B.High School, Kanaguduru, rep. by its Correspondent. …..Petitioner And State of Andhra Pradesh, rep. by its Principal Secretary to Government, School Education Department & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5538 of 2006 ORDER : In this writ petition, the petitioner has questioned the letter, dated 08.03.2006, issued by the 1st respondent in Lr.No.22234/SE-PS.11/2005. Sri Venkateswara Bhakta Samaj Educational Society was registered under Registration of Societies Act in the year 1971. The said Society has started S.V.High School at Kanaguduru. The father of the petitioner, by name Sri S.Bala Subba Reddy was the Correspondent of the school and the same was approved by the Government in G.O.Rt.No.2149, dated 16th December 1996. In view of the death of the original Correspondent, President of the Society has addressed the District Collector and District Magistrate, Kadapa, to approve the change of Correspondentship. The District Collector, Kadapa, by order dated 11th February 2005, issued in Rc.No.10161/ B5/B2/2004, approved the change of Correspondentship, in respect of the petitioner-school in favour of the present Correspondent, namely, Sri S.Kirankumar Reddy. On the ground that certain complaints are made against the change of Correspondentship in the name of the present Correspondent Sri Kirankumar Reddy, the Government has issued the impugned letter dated 08.03.2006, issued in Lr.No.22234/SE-PS.11/2005. Questioning the same, the present writ petition is filed. In this writ petition, it is the case of the petitioner that when his father was elected as Correspondent by the Society, same was questioned in W.P.No.853 of 1997, and a Division Bench of this Court, after considering the matter elaborately, has dismissed the said writ petition by order dated 26.03.2004, by recording a finding that such factual disputes cannot be resolved in a writ petition, and giving liberty to the petitioners therein, to work out their remedies before appropriate forum. It is submitted that inspite of the same, the Government has entertained the present complaint lodged by certain members and non- members of the Society against the petitioner, and issued the impugned proceedings. I have perused the impugned letter, dated 08.03.2006. The said letter is only in the form of notice of hearing, which was issued, based on the complaint lodged against the change of Correspondentship in the name of the present Correspondent, namely, S. Kirankumar Reddy, and the Government, in the impugned letter, has not decided anything against the petitioner. If the petitioner is aggrieved of the impugned letter, it is open for him to approach the Government, but the same issue cannot be raised again in a writ petition, in view of the judgment of this Court in W.P.No.853 of 1997. Though it is submitted by the learned counsel for petitioner that there is no power to the Government for issuing the impugned letter, in view of the provision under Section 90 of the A.P. Education Act, 1982, the Government may, either suo motu or on an application by any person interested, call for and examine the record of an educational institution or of any authority, officer or person in respect of any administrative or quasi-judicial decision or order, not being a preceeding in respect of which a reference to an arbitrator or an appeal to the High Court is provided, to satisfy themselves as to the regularity, correctness, legality or propriety of any decision or order passed therein. In that view of the matter, it cannot be accepted that the Government has no jurisdiction to decide the same. As the impugned letter is in the form of hearing notice, I deem it appropriate to dispose of the writ petition, permitting the petitioner to file his objections pursuant to the said notice, dated 08.03.2006, issued in Letter No.22234/SE-PS.11/2005, within a period of six weeks from the date of receipt of this order. If any such objections are filed, the same shall be considered for passing appropriate orders, by following the findings recorded in the earlier order of this Court in W.P.No.853 of 1997. Subject to the above observations, this writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 15th November 2011 ajr