THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1481 OF 2004 DATED 21ST DECEMBER, 2009 BETWEEN The Regional Joint Director, Intermediate Education, Cuddapah, Cuddapah District. … Appellant and Diocesan Education Society, Rep. by its Chairman S/o Augustine, R/o Bishop Compound, Nandyal Road, Kurnool, Kurnool District. And Another … Respondents THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1481 OF 2004 JUDGMENT: (Per TMK,J) Heard Sri K.Sudhakar, learned Assistant Government Pleader for Higher Education, on behalf of the appellant. The present writ appeal is filed questioning the order dated 30.04.2004 passed by a learned single Judge of this Court in Writ Petition No.24641 of 2003 whereby costs in a sum of Rs.5,000/- were imposed on the appellant. The learned single Judge observed that the appellant had passed the order dated 15.11.2003 impugned in the writ petition, without even issuing any notice and without affording an opportunity to the writ petitioner-Institution. The learned single Judge therefore imposed costs which were quantified at Rs.5,000/- payable by the appellant to the writ petitioner. Hence, the present writ appeal. The learned Assistant Government Pleader appearing on behalf of the appellant submitted that the writ petitioner-Institution is not a Minority Institution and therefore, the provisions of the Andhra Pradesh Education Act, 1982 have no application to it. He pointed out that the writ petitioner had not obtained a Minority Status Certificate till 27.07.2001 and that thereafter it had not even framed Special Rules under G.O.Ms.No.526 dated 21.12.1988 which govern the Establishment, Recognition and Regulation of Minority Educational Institutions. He therefore prayed that the writ appeal may be allowed setting aside the impugned order passed by the learned Judge. A reading of the impugned order reflects that the appellant had passed the order dated 15.11.2003 impugned in the writ petition without affording an opportunity and without issuing any notice to the writ petitioner. The learned Judge rightly held that as per the provisions of Section 80 of the Andhra Pradesh Education Act, 1982, the appellant is statutorily required to afford an opportunity to the writ petitioner before any order is sought to be passed against its interest, either on an application or an appeal preferred by an employee. The action of the appellant in issuing the order dated 15.11.2003 is therefore in flagrant violation of the principles of natural justice. The learned Judge considered all these aspects in the right perspective and imposed costs in a sum of Rs.5,000/-, giving liberty to the State Government to recover the so-called loss from the Officer/Officers concerned, if it so desired. Under the above circumstances, we do not find any reason and are not inclined to interfere with the well-founded order passed by the learned Judge. The Writ Appeal is accordingly dismissed. No costs. ____________________________ SMT. T.MEENA KUMARI, J. ____________________ SANJAY KUMAR, J. 21st December, 2009. PGS/VGSR