IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETHDAY OF JUNE, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2408 of 2008 Between: 1 Konam Vittal, S/o. Ashaiah, Tenkati, Gram Panchayat situated in Medak District. 2 D. Sankaraiah, S/o. Sangaiah, Ramajipalli, Gram Panchayat situated in Medak District. 3 Manne Nagabhushanam, S/o. Venkaiah, Baddaram, Gram Panchayat situated in Medak District. 4 Ananthu, S/o. Bhoomaiah, Medchepalli, Gram Panchayat situated in Medak District. 5 Mister Naik, S/o. Jadya Naik, Malkapur. Gram Panchayat situated in Medak District. 6 Vigram Narayana Goud, S/o. Yella Goud, Sankarampeta (A) Gram Panchayat situated in Medak District. 7 Perumalla Venkata Laxmi, W/o. Devender, Kollapalli, Gram Panchayat situated in Medak District. 8 Karanam Balaswaraswathi, W/o. Satyanarayana, Burugupalli, Gram Panchayat situated in Medak District. 9 Nerudi Anushamma, W/o. Durgaiah, Uthloor, Gram Panchayat situated in Medak District. 10 Degari Padma, W/o. Balakistaiah, Jukal, Gram Panchayat situated in Medak District. ..... PETITIONER(S) AND 1. The Executive Engineer (Social Welfare), Collectorate Compound, Sangareddy, Medak District. 2 The District Educational Officer, Sangareddy, Medak District. 3 The Project Officer, Sarvasiksha Abyan, Sangareddy, Medak District. 4 The District Collector, Medak District at Sangareddy. 5 Jayender Reddy, S/o. & AGE Not Known to the Petitioners, Major, Moosapet, Sankarampet (A) Mandal, Medak District. .....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 issue an order or direction or Writ specially writ of Mandamus declaring the action of the respondents authorities in resorting to tender system relating to the construction of kitchen shed cum store room in the government schools situated at Grampanchayats to which petitioners represent as Sarpanchas, as illegal, arbitrary and contrary to the provisions of the A.P. School Education (Community Participation ) Act, 1998 by setting aside the tender works allotted to the 5th respondent in pursuance of Tender Notice dated 11-1-2008 and consequenty direct the respondent authorities to take up the construction of Kitchen Shed cum store Rooms through School Management Committees constituted under the A.P. School Education (Community Participation) Act, 1998 and pass Counsel for the Petitioner:MR.L.PRABHAKAR REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.NO. 2408 OF 2008 ORDER: 1. This writ petition is filed assailing the action of the Respondents in allotting the work for construction of kitchen shed cum store room in Government Schools at Grampanchayaths to the 5th Respondent. 2. First Petitioner has sworn to the affidavit filed in support of the writ petition. It is stated in the affidavit that the Andhra Pradesh School Education ( Community Participation) Act, 1998 was enacted by the State with laudable object, constituting various committees including school committees to support the teachers and school system for ensuing high quality education. The said committees were also given appropriate financial powers and functions for discharging their duties successfully. 3. The grievance of the petitioners is that the construction of the kitchen cum store room in the schools of the respective Grampanchayaths is entrusted to the 5th Respondent contrary to the provisions of Andhra Pradesh School Education ( Community Participation) Act, 1998. 4. 4th Respondent filed counter. One Peeyush Kumar has sworn to the counter affidavit. It is stated in the counter affidavit that the Government has taken into consideration the fact of non-constitution of school committees in various Government schools, which caused hindrance in spending the amount allotted for construction of kitchen cum store room, and thereby proceeded to call for tenders. The tenders came to be finalized and construction work in respect of some of the schools have been entrusted to the 5th Respondent. Para 5 of the counter affidavit needs to be noted and it is thus; “It is submitted that it is mentioned in Para No.2 that the Director of School Education reported that in most of the places, the School Management Committee’s have not been formed and in view that the works could not be taken up and to avoid the delay in executing the works Govt. has reviewed the said issue with the concerned dept. i.e. Executive Engineer’s of (SW) and on the request and suggestions of Executive Engineer’s and the Director of School Education, the Govt. issued the said Memo. Accordingly, the Director of School Education, A.P. Hyderabad in his Proc. Rc.No. 37/DSC/DC/ZII/C/guidelines/2006, dated 12-10- 2007, directing the 2nd respondent to take off the Civil Works sanctioned under XII Finance Commission and Midday Meal programme by the School Management Committee’s as per the orders of the District Collectors in respect of works already commenced and to follow the tender procedure in respect of works started afresh. As such, a copy of the proceedings is also communicated to the P.O./SSA and the 1st respondent issued short tender notice No. HD/05/Kitchen Shed cum Store Room/2007-08 dated 11-1-2008 calling for the tender applications from the Registered Contractors for executing the works in Medak District”. 5. Heard learned counsel for the petitioners and learned Government Pleaders appearing on behalf of the Respondents. 6. Learned counsel for the petitioners submits that the school management committees are competent to take up the construction of kitchen cum store room and therefore entrustment of said work to the 5th Respondent is contrary to the Andhra Pradesh School Education ( Community Participation) Act, 1998. 7. Learned Government Pleader submits that the work has been allotted to the 5th Respondent after following the fair procedure and therefore, the action of the Respondents in entrusting the work to the 5th Respondent cannot be assailed in the writ petition. 8. It appears an amount of Rs.75,000/- has been allotted to each Government School under a scheme for construction of kitchen cum store room. The Collector and District Magistrate called for tenders for construction of kitchen cum store room in each of the schools. The 5th Respondent happened to be lowest tenderer and accordingly, work has been entrusted to him in respect of some of the schools. 9. I have gone through the Andhra Pradesh School Education ( Community participation) Rules,1998. It is nowhere stated in the Rules that the construction activities in the school has to be entrusted to the School Management Committees. 10. Therefore, there is no flaw on the part of the Respondents in calling for tenders for construction of Kitchen cum store room worth of Rs.75,000/- .each. 11. Accordingly, the writ petition is dismissed. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 9th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.NO. 2408 OF 2008 9th June, 2008