IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4364 of 2009 Between: 1 Mir Sajjad Hussain S/o. Mir Inayath Hussain Islamiah High School Secunderabad 2 Hafiz Mohd. Mastan Ali S/o. Jaan Mohd Islamiah High School Secunderabad 3 Mohd. Amzad Ali S/o. Abbas Ali Islamiah High School R/o. Hyderabad. 4 Mohd. Ibaddullah S/o. Mohd. Abdullah Islamiah High School Secunderabad R/o. Hyderabad. 5 Mirza Sadatullah Baig S/o. Akthar Ali Baig Islamiah High School Secunderabad R/o. Hyderabad. 6 Mohd. Akifuddin S/o. Mohd. Habeebuddin Islamiah High School Secunderabad R/o. Hyderabad. 7 M.A. Kaleemullah S/o. M.A. Rahman Islamiah High School Secunderabad R/o. Hyderabad. 8 Sultan Shoheb Ahmed S/o. Mohd. Yakub Islamiah High School Secunderabad R/o. Hyderabad. 9 Syed Mustaq Ahmed S/o. Syed Imam Islamiah High School Secunderabad R/o. Hyderabad. ..... PETITIONER(S) AND 1 The Principal Secretary, Education (SE-PA I) Department, Secretariat, Hyderabad. 2 The Director of School Education A.P. Hyderabad. 3 The District Collector, Hyderabad District, Hyderabad. 4 The Regional Joint Director of School Education, Hyderabad. 5 The District Educational Officer, Hyderabad District, Hyderabad. .....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 to issue a writ Order or direction more in the nature of writ of Mandamus dircting the respondents to afford the petitioners who are the staff members of the Islamiah Schools, and the parents of the students of the Islamia High Schools, Secunderabad before taking a decision as directed in the Orders of the first respondent issued in the Memo bearing Memo NO. 18755/PS1/A1/2007 dt. 21-2-2009. Counsel for the Petitioner:MR.B.RANGANADH RAO Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : O R D E R:- The petitioners are the members of staff of Islamia High School for Boys and Girls. They state that in the year 1984, a society by name Islamia Education Society, was formed. The said society took up the management of the educational institutions. As the managing committee of the society, despite expiry of its term, was not conducting elections, some of the members volunteered themselves and formed another society. This has led to infighting between the members, resulting in mal- administration of the institutions run by the society. Later, based on the complaints made by various authorities, the 3rd respondent-District Collector, after conducting a detailed enquiry, passed orders dated 20.9.2007, handing over the management of the educational institutions to the 5th respondent-District Educational Officer, by suspending the management of Islamia High Schools for Boys and Girls as a temporary measure and till the reconstitution of the management. Then, the Islamia Education Society, which was formed in the year 1984, claims to have filed a petition before the 1st respondent, who passed the impugned order dated 21.2.2009 setting aside the order of the 3rd respondent and observing that the management of the Islamia High Schools of Boys and Girls, should be afforded an opportunity of representing their grievance before any action is taken. Now, the petitioners have filed this writ petition seeking a direction to the respondents to afford them an opportunity of putting forth their grievances before the 3rd respondent before any decision is taken on the reconstitution of the management. The learned counsel for the petitioners submitted that the petitioners were not given any opportunity to put forth their case in the enquiry conducted by the 3rd respondent that preceded the impugned order, suspending the management of the Islamia High Schools for Boys and Girls and pleads that they may be given an opportunity of being heard. The learned Government Pleader for School Education appearing for the respondents submitted that the petitioners are only the members of the staff of Islamia High Schools of Boys and Girls and they have nothing to do with the disputes connected to the management. Even otherwise, they have not made any representation requesting the authorities to permit them to put forth their grievance. Heard the learned counsel for the petitioners and the learned Government Pleader for School Education. Admittedly, respondent No.1, at the instance of the management, has set aside the order of the District Collector, vide the impugned order dated 21.02.2009, and directed the District Collector to afford opportunity of representation to the management and take appropriate action in the matter. A reading of the impugned order would disclose that the same refers to the report dated 15.01.2009 of respondent No.2, namely the Director of School Education, Andhra Pradesh, Hyderabad, which has narrated several issues, including issue Nos. (vi), (viii) and (ix), which relate to disputes between the societies, the members of the staff i.e., the petitioners and the management. Since the said disputes, relate even to the staff of the schools, the petitioners being members of the staff of the schools, their interests would be affected if they are not heard. Therefore, I am of the considered opinion that they should also be given an opportunity to put forth their objections, if any. Hence, I deem it appropriate to dispose of the writ petition with the following directions: The 3rd respondent, namely the District Collector, at the time of conducting the enquiry, shall take into consideration the representation/objections, if any, already filed or be filed by the petitioner, in relation to the issues with which they are concerned, and submit his report, as directed by the 1st respondent vide the impugned order dated 21.02.2009. With the above observation, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 4th March, 2009 Note: Furnish copy in two days. B/o bcj