IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25658 of 2007 Between: S.G.Tammi Raju Vocational Junior College, Kothachepuu, NH-5 Road, Tuni, East Godavari District represented by its Secretary G.Krishna Murthy, S/o late G.Tammi Raju, resident of Tuni, East Godavari District. ..... PETITIONER AND 1 Government of Andhra Pradesh, represented by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 2 The District Education Officer, East Godavari District, Kakinada. 3 The Mandal Education Officer, Tuni Mandal, East Godavari District. 4 The Board of Intermediate Education represented by its Secretary, Nampally, 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 particularlyone in the nature of a writ of mandamus declaring the action of the respondents in putting seal on the premises at Kothachepuru, Tuni where the petitioner Institution is functioning as illegal and unconstitutional and consequently, direct the respondents to remove the seal put on the premises of the petitioner institution adjacent to NH-5 at Kotha Chepuru, Tuni East Godavari District and permit functioning of the petitioner institution to use all the premises and pass such order or further orders as are deemed fit and proper in the circumstance sof the case. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 25658 OF 2007 ORDER: 1. This writ petition has been filed by S.G. Tammi Raju Vocational Junior College, Kothachepuru assailing the action of the respondents in putting the seal on its premises at Kothachepuru. 2. G.Krishna Murthy has sworn to the affidavit filed in support of the writ petition. It is stated in the writ affidavit that St. Thomas Brilliants Educational Society started vocational college approved by the Board of Intermediate Education-4th respondent. It is a private unaided vocational college. The said vocational college has bee functionig in a building adjacent to National High Way at Tuni. When the petitioner institution made an application, a three member committee has visited the building and examined the facilities and gave favourable inspection report. The Board of Intermediate Education issued proceedings on 21-9-2006 giving the formal approval and directed the petitioner to deposit Rs.2,00,000/- in the joint account of Regional Inspection Officer, Board of Intermediate Education and the Secretary of the Society. The petitioner institution has deposited Rs.2,00,000/- corpus fund and thereupon the 4th respondent permitted the petitioner to run classes from the academic year 2007- 0 8 . Admissions have been commenced and 40 students got admitted in the petitioner’s college. Some local persons started the school in the same premises where the petitioner institution is housed. The school name is Good Shepherds School and the Brilliants Educational Society lent its helping hand. There were some complaints about the functioning of the school and the District Educational Officer conducted spot inspection and warned severely the management of the school. On 5th August, 2007, the District Educational Officer, sealed the premises. The petitioner college approached the District Educational Officer for removal of the seals. There being no positive response, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. Respondents filed counter affidavit. One . P. Parvathi, has sworn to the affidavit filed on behalf of the respondents. It is stated in the counter affidavit that rooms under seal are handed over to S.G. Tammi Raju Vocational Junior College in pursuance of the interim direction given by this Court on 7-12-2007. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that except three rooms the other rooms have not been handed over to the petitioner college. A further submission has been made that the petitioner is prepared to make a representation to the District Educational Officer for removing the seal of other three rooms also. 6. Such is the situation, the writ petition is disposed of directing the 2nd Respondent- District Educational Officer to receive the representation of the petitioner and pass appropriate orders within four weeks thereafter. No order as to costs. _______________________________ Justice B.Seshasayana Reddy 12th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 25658 OF 2007 12th August, 2008. WRIT PETITION NO. 25658 OF 2007 12th August, 2008.