IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.12994 of 2003 Date: 8th November, 2010 Between: Tabita Ideal U.P. School, rep.by its Correspondent .. Petitioner And Government of A.P., rep. by its Secretary, Education Department, Secretariat, Hyderabad and others. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.12994 of 2003 ORAL ORDER: This writ petition is filed seeking a Mandamus directing the respondents to admit the petitioner school to grant-in-aid declaring the inaction on the part of the respondents as arbitrary, illegal and ultravires the provisions of Articles 14 and 21 of the Constitution of India. According to the petitioner, it is an Upper Primary School, rendering education to the persons belonging to the downtrodden category. The children studying in the School have got brighter academic record and it is one of the top most educational institutions in East Godavari district. For the academic year 2002-2003, the School has got cent percent results in both English and Telugu Media. While that being so, petitioner submitted an application on 15.3.1994 through fourth respondent for admitting the School to grant-in-aid. The competent authority was pleased to appoint a Committee consisting of three Government Officials including the fourth respondent. After visiting the School, the Committee submitted a detailed report recommending for admission of the petitioner school to grant-in-aid. Since the matter was not proceeded further, petitioner submitted a representation on 2.3.1998 requesting to expedite the matter and to take appropriate action for admitting the school to grant-in-aid. Thereafter also the matter was not proceeded further and the management of the petitioner school approached the respondents and requested to expedite the matter and after having waited patiently for a substantial period of time, petitioner submitted a reminder on 12.3.2003 requesting to take action for admitting the school to grant-in-aid. Further, the third respondent vide proceedings dated 13.2.2003 renewed the recognition for Classes I to VII for the years 2002-2003 to 2006-2007. In the meanwhile, second respondent issued guidelines to all the District Educational Officers and Regional Joint Directors of School Education informing that the proposals for admission of posts into grant-in-aid in respect of Primary, Upper Primary and Secondary Schools shall be forwarded if the School has been established after 1.4.1977 and existing as on 1.9.1985. According to the petitioner, petitioner school is in existence as on the cut-off date i.e. 1.9.1985. In pursuance of the guidelines issued by second respondent, number of schools were admitted to grant-in-aid, but however the case of the petitioner school was not considered though it has submitted application way back on 15.3.1994. A detailed counter affidavit has been filed by respondents denying the allegations made by the petitioner and asserted that the Government has framed certain rules and regulations for considering the proposals for admitting the School to grant-in-aid vide Act 22 of 1988 and as per the said Act, it is not feasible to consider the proposals submitted by the petitioner. Further, the Government has imposed ban on admission into grant-in-aid of new posts vide Memo No.12080/COSE/A2/2004-4 dated 20.10.2004. Under those circumstances, without expressing any opinion on merits, the respondents are directed to consider the proposals purported to have been submitted by the petitioner School and pass appropriate orders, as per law, after hearing the petitioner, within a period of four weeks from the date of receipt of this order. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 8.11.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.12994 of 2003 8.11.2010