IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2148 of 2006 Between: 1 The A.P. Private Educational Insitutitions Managements - Association (Regd.No.3568/2001), Kurnool, rep. byu its Convenor, S. Srinivas Reddy, S/o. Late Chandra Reddy, R/o. H.No.2-3-33/A, Tulasinagar, Amberpet, Hyderabad-13. 2 The A.P. Tutorials and Convents Association, W.G.District ( Regd.No.86/85), rep. by its President, M.B.S. Sarma, S/o. M.R.Rama Sarma, Aged 40 Years, R/o. Eluru, W.G.District. .... PETITIONERS AND 1 The Commissioner & Director of School Education, A.P., Hyderabad. 2 The Govt of A.P., rep. by its Secretary, School Education Department, Secretariat, Hyd. 3 The Regional Joint Director of School Education, Kachiguda, Hyderabad. 4 The Regional Joint Director of School Education, Warangal, Warangal District. 5 The Regional Joint Director of School Education, Kakinada, E.G.District. 6 The Regional Joint Director of School Education, Guntur, Guntur District. 7 The Regional Joint Director of School Education, Kadapa, Guntur District. 8 The Management of Bhashyam Educational Institutions, A.P., rep. by its Director, Sri Rama Krishna, Guntur, Guntur District. .....RESPONDENTS 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 issue an appropriate Writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 1st and 2nd respondents in not taking into cognizance the impermissible advertisements released in both the media i.e., Print and Electronic for conduct of Talent Search Test-2006 by the 8th respondent and further in taking steps to restrain the 8th respondent in conduct of Talent Search Test-2006 at various places on 05.02.2006, 12.06.2006 and on any other subsequent dates is illegal, arbitrary and in violation of Statutoty Rule 4 (1) (b) of A.P. Educational Institutions under Private Management Rules, 1994 and consequently direct 1st and 2nd respondents to restrain the 8th respondent from conducting the said Talent Test Scheduled to be held on 05.02.2006, 12.02.2006 or any subsequent dates and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.RAM REDDY Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : ORDER This writ petition has been filed by the petitioners, who are three in number, seeking to declare the action of the Commissioner & Director of School Education-1st respondent and the Government of Andhra Pradesh represented by its Secretary-2nd respondent in not taking cognizance of the impermissible advertisements released in both the Media i.e., Print and Electronic, for conduct of Talent Search Test 2006 by Bhashyam Educational Instituions-8th respondent as arbitrary and illegal. While ordering notice before admission, the following order came to be passed. “Notice before admission returnable in two weeks. The learned counsel for the petitioners is permitted to take out personal notice to the respondents and file proof of service. Prima facie, a perusal of the Advertisements issued by the 8th respondent, the copies of which are filed before this Court, discloses that it has not only flouted the provisions of the AP Education Act, but is also indulging in unhealthy trade, in the field of Education. Having regard to the orders passed by a Division Bench of this Court, in the recent past, observing that such practices must result in prosecution of the concerned Agencies, for the present, it is directed that the 8th respondent shall not proceed with the proposed examination and respondents 1 to 7 shall take necessary steps to prevent such illegal activities.” Today, this writ petition is listed under the caption ‘for orders’. There is no representation on behalf of the petitioner. Since the test proposed to be conducted on 5.2.2006 & 12.6.2006 came to be stopped by virtue of the interim order, no further orders are required to be passed in this writ petition. Hence, the writ petition is dismissed as infructuous. _________ 16-07-2008 rkk