IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 9119 of 2003 BETWEEN: A.G.K. Murthy S/o Dakshinamurthy, Sree Seetharama Upper Primary School, Matwada, Warangal. ... PETITIONER AND 1 Commissioner and Director of School, Education, Government of A.P., Hyderabad. 2 District Education Officer, Warangal. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the proceedings of the 1st respondent in Rc.No.1188/B-3-2/99-1, dated 02-04-2003 as arbitrary, contrary to section 24 of A.P. Education Act, 1982 Act No.1 of 1982 and wholly without jurisdiction and pass such other or further orders under the circumstances of the case. Counsel for the Petitioner: MR.E.KALYAN RAM Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER: Petitioner questions the proceedings of the Commissioner and Director of School Education, in issuing the show cause notice dated 02.04.2003 as to why he shall not be terminated from the Correspondentship of Sri Seetharama Upper Primary School, Warangal, as per the provision of sub-section (4) of Section 24 of the Andhra Pradesh Education Act, 1982 (for short ‘the Act’). 2. Learned counsel for the petitioner submits that the Commissioner has no jurisdiction and he is not the competent authority to issue such a notice. 3. On the other hand, it is stated in the counter that the Commissioner and Director of School Education alone is the competent authority for passing appropriate orders under Section 24 of the Act. However, it is stated that the petitioner himself resigned from the Correspondentship vide his letter 21.12.2006 and the said resignation was accepted. 4. If that be so, I am of the opinion that nothing survives in the writ petition for adjudication. The writ petition is accordingly dismissed as infructuous. There shall be no order as to costs. ______________ V. ESWARAIAH, J August 5, 2008 DSK