THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.8497 of 2004 (Dated : 26-08-2009) Between: Kurnool Polamu Baptist Sanghamula Samajamu Rep. By its President Rev. Dr.R.R.D.Sajeevaraju ….Petitioner A n d The Commissioner and Director of School Education, Govt. of Andhra Pradesh, Hyderabad and another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.8497 of 2004 ORDER: This writ petition is filed by one Dr. R.R.D Sajeevaraju, President, “Kurnool Polamu Baptist Sanghamula Samajamu” assailing the action of the respondents 1 and 2 herein, i.e., the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad and the District Educational Officer, Kurnool in not considering the proposal submitted by the petitioner- Association on 31.5.2003 regarding approval of the correspondentship of ABM Elementary Schools, Kurnool. The case of the petitioner as set out in the affidavit filed in support of the writ petition, in brief, is: - The petitioner-society is a Christian organization running 15 schools under its management, spread over 10 revenue mandals in Kurnool District. The petitioner-society is also running about 40 churches. As per byelaw No.11 of the petitioner-society, the society is a member of `Samavesam of Telugu Baptist Churches (STBC), Nellore’ and the schools run by the society are aided by the Government. The petitioner-society conducts elections every two years. The elections were conducted on 09-11-2002 at Stantan Memorial Telugu Baptist Church, Kurnool and the Deponent herein (Dr.R.R.D.Sajeevaraju) was elected as President of the petitioner-society for the period 2002-2004. In the said election, the society has unanimously elected one Dr. K.J.Vijaya Kumar as Correspondent of ABM Elementary School. The petitioner-society submitted proposals to the 2nd respondent on 25.11.2002, enclosing therewith the resolution dated 9-11-2002 passed by the society. Two other persons, namely, Dr.Jayakar Christian and Devaraj have also sent proposals for approval of the correspondentship of the ABM Elementary School, Kurnool. The 2nd respondent-District Educational Officer considered all the proposals and rejected the same. One Dr. Jayakar Christian filed W.P.No.1766 of 2003 before this Court assailing the action of the District Educational Officer. The District Educational Officer directed the deponent and other group persons to submit proposal duly approving the legality of their groups in the petitioner-society. The deponent submitted the required information to the District Educational Officer on 2.8.2003. The District Educational Officer has not sent the report as called for by the Commissioner and Director of School Education, the first respondent herein. Hence, this writ petition. Rule Nisi came to be issued on 30.4.2004. The respondent filed counter affidavit. One M.A.Mannan has sworn to the counter affidavit filed on behalf of the respondents. It is stated in the counter affidavit that the Department has appointed a Special Officer to act as the Correspondent of the School in view of the claim made by rival groups. Since there are serious disputes between two rival groups, they have to establish their rights in a Civil Court and thereafter approach the Department to recognize the person nominated by them as correspondent of the concerned school. I deem it appropriate to refer to the relevant portion of the counter affidavit, which reads as hereunder: - “I submit that from the above, it is clear that the Departmental authorities have only a limited role to play in recognizing a particular person as correspondent of the institution. The competent authority merely acts on the intimation given by the Management about the nomination of a particular person as Correspondent. The competent authority is merely clothed with jurisdiction to receive such intimation and record the same. In this legal background, I submit that four groups of the Kurnool Polamula Baptist Sanghamula Samajam have conducted different General Body meetings at different placed and elected different office bearers and submitted proposals for the approval of the Correspondentship. Each group alleges that the other group has not conducted the elections as per its constitution and bye-laws. I submit that in view of the above judicial pronouncements of this Hon’ble court, the competent authority has no role to play in these disputes. The Competent authority will merely receive the nomination given by a group whose election is recognized by the civil Court. I submit that in view of the various disputes between the various groups, the Department has appointed a Special Officer to act as the Correspondent of the concerned School”. Heard learned counsel appearing for the petitioner and the learned Government Pleader for School Education appearing for the respondents 1 and 2. Learned counsel appearing for the petitioner submits that the deponent of the writ petition is a competent person to act as Correspondent of the school run by petitioner-society, and therefore, the respondents have to recognize him as Correspondent. Learned Government Pleader for School Education, on the other hand, submits that four groups are claiming that the person nominated by their respective group is to be recognized as the Correspondent. There appears to be a serious dispute in the petitioner-society with regard to the management of the affairs of the schools. Unless the dispute among them is settled through process of Court, the Department cannot recognize any one of the persons nominated by one group ignoring the person nominated by another group. The action of the respondents in appointing the Special Officer as Correspondent, in the given facts and circumstances, cannot be found faulted. Accordingly, the writ petition is dismissed reserving liberty to the petitioner to establish his right with regard to management of the schools in a civil Court and thereafter approach the respondents to recognize the person nominated by the society to be appointed as Correspondent. There shall be no order as to costs. _____________________________ B.SESHASAYANA REDDY, J 26th August 2009 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.8497 of 2004 (Dated : 26-08-2009)