IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO.20131 of 1995 Between: 1 K.Narasimha Rao S/O Kondaiah M.P.E.School,Vinodarayudu-Post, H.G.Padu Mandal, Prakasam Dist. 2 Poluti Rajendra Prasad S/O Ramaiah Kollagunta(H.W), N.G.Padu Mandal, Prakasam Dist. 3 Panithapu Srihari Rao S/O Sreeramamurthy Etamukkala,Kothapatham Mandal, Prakasam Dist. 4 J.V.Narayana S/O Venkateswarlu M.P.E.School, K.Uppala Padu, Kondapi(M), Prakasam Dist. 5 Boddapti Bakkaiah S/O Ramaiah M.P.E.School,Chodavaram, Kondapi(M), Prakasam Dist. 6 Maddirala Chinna Rao S/O Veeraswamy M.P.E.School,Peridepi-Post, Kondapi(M), Prakasam Dist. 7 M.Subbarami Reddy S/O Venkateswarlu M.Pu.P.School, Chandrapudu, Chimkurthi(M), Praksham Dist. 8 Narney Anjaneyulu S/O Ayyvarappa M.P.E.School,Rudravaram-Post, S.N.Padu (M), Prakasam Dist. 9 Bomi Reddi Sanjeva Reddy S/O Koti Reddy M.P.E.School,Rudravaram-Post, S.N.Padu (M), Prakasam Dist. 10 Sk.Shamshuddin S/O Subhini M.P.E.School,Kotikalapudi, Addanki(M), Prakasam Dist. 11 N.Viragi Reddy S/O S.N. Reddy M.P.E.School,Bhagavan Rajupalampo, J.Pangulur, Prakasam Dist. 12 T.Suryanarayana S/O Narayana M.Pu.P.School, West Gangavaram-Post, Kurichedu(M), Praksham Dist. 13 J.Prabakara Rao S/O R.K.Chowdari M.P.E.School,Dubbukur Post, Inkollu (M), Prakasam Dist. 14 T.V.Ramaiah S/O Seshaiah M.P.E.School,Sankarapuram Post, Ardhaveed (M), Prakasam Dist. 15 T.V.Ramaiah S/O Seshaiah M.P.E School, Ardhveedu Post,Mandal, Prakasam Dist 16 Ch.A. Rami Reddy, S/O Chinnapataiah M.P.E School,Bogal Post, Ardhaveedu Mandal, Prakasam Dist 17 G.Darasaradha Rami Reddy S/O G.N. Reddy M.P.E.School,Velapur Post Atchampet (M) Prakasam Dist. 18 I.Sadasiva Rao S/O S.V.Rao M.P.E.School,Pedapalam Post Duggirala (M) Prakasam Dist. 19 V.Rama Gopal S/O S.Gopal M.P.E.School, Nallacheruvupalli Post Vemulala (M) Prakasam Dist. 20 C.V.Ramana Reddy S/O C.V.Subba Reddy M.P.E.School, Duggannaguru Pali Vemulala (M) Prakasam Dist. 21 P.C. Balaiah S/O Subbaiah M.P.E.School, Ganga Devi Palli, Thandur (M) Ccuddapah Dist. 22 K.V.Chalama Reddy S/O K.S.Reddy Ravindranath High School, Ankalammpet, Pulivendula (M) Prakasam Dist. 23 G.Ramakrishna Reddy S/O G.K.Reddy Ravindranath High School, Pulivendula (M) Prakasam Dist. 24 M.Elizebeth S/O Johan Elizebeth M.P.E.School,Anikepalli (Main) Post, Venkatachalam (M) Nellor Dist 25 Golla Pona Raju S/O Pullaiah Kalavapalli Post Kacheria (M) Prakasam Dist. 26 Mulla Koti Reddy S/O Yelamanda M.P.E.School, B.Cherla Palli Peddaveedu (M) Prakasam Dist. 27 Sura Genna Reddy S/O Marka Reddy M.P.E.School, Annampalla, Racherala (M) Prakasam Dist. 28 Sunkari Obaiah S/O Obaiah M.P.E.School, Hallaveedu Post Racherala (M) Prakasam Dist. 29 Surbhi Rama Murthy S/O Laxmi Narashimmam M.P.E.School, Racherala (M) Prakasam Dist. 30 Bikka Balanarsimha Reddy S/O Narisi Reddy M.P.E.School,Hajartguda Cumbum (M) Prakasam Dist. 31 Bijjam Lakshmi Reddy S/O Nagi Reddy M.P.E.School, Salakala Veedu , Bestavari Pet (M) Prakasam Dist. 32 K.Nagewara Reddy S/O Rama Reddy M.P.E.School, Pandillapalli, Bestavari Pet (M) Prakasam Dist. 33 Vulapu Pitchaiah S/O Nagisetty M.P.E.School, Anumalaveedu Racherala (M) Prakasam Dist. 34 M.Balasivaiah, S/O.Nandaiah, M.P.E.School, Yellamma Gutta Handa,, Tuggali (M), Prakasam Dist. 35 P.Veerayana S/O Gouindaiah M.P.E.School,Goddamakula Palli, Owk (M), Kurnool Dist. 36 D.Nabisheb S/O Umavaliaheb M.P.E.School,Kallabouapuram, Nandikotkur (M), Prakasam Dist. 37 Pala Durga Venkateswarlu S/O.Rajulaiah M.P.E.School,Anki Reddy Palli, Giddulur (M), Prakasam Dist. 38 Sura Balarami Reddy S/O.Pichi Reddy M.P.E.School,E.Venkatapuram, Giddulur (M), Prakasam Dist. 39 Vemi Reddi Venkata Subba Reddy S/O Subba Reddy M.P.E.School,Thamballa Palli, Giddulur (M), Prakasam Dist. ...PETITIONERS AND 1 The Mandal Development Officer Mandal Parishad N.G.Padu, Prakasam Dist. 2 The Mandal Parishad Development Officer Mandal Parishad Kothaptnam, Prakasam Dist. Dismissed For Default As Per Court Order Dt 20-7-2000 3 The Mandal Parishad Development Officer Mandal Parishad Kondapi, Prakasam Dist. 4 The Mandal Parishad Development Officer Mandal Parishad Chimakurthi, Prakasam Dist. 5 The Mandal Parishad Development Officer Mandal Parishad S.N.Padu, Prakasam Dist. 6 The Mandal Parishad Development Officer Mandal Parishad Addanki, Prakasam Dist. 7 The Mandal Parishad Development Officer Mandal Parishad J.Pungulur, Prakasam Dist. 8 The Mandal Parishad Development Officer Mandal Parishad Kurichedu, Prakasam Dist. 9 The Mandal Parishad Development Officer Mandal Parishad Inkollu, Prakasam Dist. 10 The Mandal Parishad Development Officer Mandal Parishad Ardhaveed, Prakasam Dist. 11 The Mandal Parishad Development Officer Mandal Parishad Atchampet, Guntur Dist. 12 The Mandal Parishad Development Officer Mandal Parishad Duggirala, Guntur Dist. 13 The Mandal Parishad Development Officer Mandal Parishad Vemula, Cuddapah Dist. 14 The Mandal Parishad Development Officer Mandal Parishad Thandur, Cuddapah Dist. 15 The Mandal Parishad Development Officer Mandal Parishad Pulivendula, Prakasam Dist. 16 The Mandal Parishad Development Officer Mandal Parishad Venkatachalam, Nellore Dist. 17 The Mandal Parishad Development Officer Mandal Parishad Racherla Prakasam Dist. 18 The Mandal Parishad Development Officer Mandal Parishad Peddaveedu, Prakasam Dist. 19 The Mandal Parishad Development Officer Mandal Parishad Tripuranthakam, Prakasam Dist. Dismissed For Default As Per Court Order Dt 20-7-2000 20 The Mandal Parishad Development Officer Mandal Parishad Cumbum, Prakasam Dist. 21 The Mandal Parishad Development Officer Mandal Parishad Bestaveri Peta, Prakasam Dist. 22 The Mandal Parishad Development Officer Mandal Parishad Tuggaali, Kurnool Dist. 23 The Mandal Parishad Development Officer Mandal Parishad Owk, Prakasam Dist. 24 The Mandal Parishad Development Officer Mandal Parishad Nandikotkur, Kurnool Dist. 25 The Mandal Parishad Development Officer Mandal Parishad Giddulur, Prakasam Dist. 26 The Chief Executive Officer Zilla Parishad Ongole, Prakasam Dist. 27 The Chief Executive Officer Zilla Parishad Guntur Guntur Dist. 28 The Chief Executive Officer Zilla Parishad Cuddapah, Cuddapah Dist. Dismissed For Default As Per Court Order Dt 20-7-2000 29 The Chief Executive Officer Zilla Parishad Nellore Nellore Dist. 30 The Director Of School Education A.P, Nampally, Hyderabad. 31 The State Of A.P Rep. By Its Secretary To Govt. Education Department, Secretariat Hyderabad R.2, 19 & 28 dismissed for default as per Court order Dated 20-07-2000. ...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 an appropriate writ order or direction more particularly in the nature of writ mandamus and declaring the action of the respondent to issue the show cause notice to terminate the service of the petitioners wholly arbitrary, highly illegal, unjust, unconstitutional and without jurisdiction. Counsel for the Petitioners:Mr.K.LAKSHMINARASIMHA Counsel for the Respondent No.5: Mr.Raghavendra Reddy. Counsel for the Respondent Nos.30 & 31: GP FOR EDUCATION The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO.20131 of 1995 ORDER: Heard both sides. The petitioners herein who are teachers seek to assail the impugned show cause notice to terminate their services by way of this Writ Petition. Though several contentions were sought to be urged on merits at the instance of the petitioners herein, however, the fact remains that the Writ is only against the show cause notice and therefore, this Court cannot go into merits at this stage. The petitioners will have ample opportunity to file their explanations, which can also be considered by the respondents, before passing any final orders there on. In the circumstances, I do not find any justification to maintain the Writ Petition. The Writ Petition is accordingly dismissed with a liberty to the petitioners to file explanations within a period of four weeks from today. On receipt of such applications, the respondents shall pass orders on merits in accordance with law. _________________ (B.PRAKASH RAO, J) 1st December 2004 RRB ASSISTANT REGISTRAR //True Copy// SECTION OFFICER Copy To: 1 The Mandal Development Officer Mandal Parishad, N.G.Padu, Prakasam Dist. 2 The Mandal Parishad Development Officer Mandal Parishad Kothapatnam, Prakasam Dist. 3 The Mandal Parishad Development Officer Mandal Parishad Kondapi, Prakasam Dist. 4 The Mandal Parishad Development Officer Mandal Parishad Chimakurthi, Prakasam Dist. 5 The Mandal Parishad Development Officer Mandal Parishad S.N.Padu, Prakasam Dist. 6 The Mandal Parishad Development Officer Mandal Parishad Addanki, Prakasam Dist. 7 The Mandal Parishad Development Officer Mandal Parishad J.Pungulur, Prakasam Dist. 8 The Mandal Parishad Development Officer Mandal Parishad Kurichedu, Prakasam Dist. 9 The Mandal Parishad Development Officer Mandal Parishad Inkollu, Prakasam Dist. 10 The Mandal Parishad Development Officer Mandal Parishad Ardhaveed, Prakasam Dist. 11 The Mandal Parishad Development Officer Mandal Parishad Atchampet, Guntur Dist. 12 The Mandal Parishad Development Officer Mandal Parishad Duggirala, Guntur Dist. 13 The Mandal Parishad Development Officer Mandal Parishad Vemula, Cuddapah Dist. 14 The Mandal Parishad Development Officer Mandal Parishad Thandur, Cuddapah Dist. 15 The Mandal Parishad Development Officer Mandal Parishad Pulivendula, Prakasam Dist. 16 The Mandal Parishad Development Officer Mandal Parishad Venkatachalam, Nellore Dist. 17 The Mandal Parishad Development Officer Mandal Parishad Racherla Prakasam Dist. 18 The Mandal Parishad Development Officer Mandal Parishad Peddaveedu, Prakasam Dist. 19 The Mandal Parishad Development Officer Mandal Parishad Tripuranthakam, Prakasam Dist. 20 The Mandal Parishad Development Officer Mandal Parishad Cumbum, Prakasam Dist. 21 The Mandal Parishad Development Officer Mandal Parishad Bestaveri Peta, Prakasam Dist. 22 The Mandal Parishad Development Officer Mandal Parishad Tuggaali, Kurnool Dist. 23 The Mandal Parishad Development Officer Mandal Parishad Owk, Prakasam Dist. 24 The Mandal Parishad Development Officer Mandal Parishad Nandikotkur, Kurnool Dist. 25 The Mandal Parishad Development Officer Mandal Parishad Giddulur, Prakasam Dist. 26 The Chief Executive Officer Zilla Parishad Ongole, Prakasam Dist. 27 The Chief Executive Officer Zilla Parishad Guntur Guntur Dist. 28 The Chief Executive Officer Zilla Parishad Cuddapah, Cuddapah Dist. 29 The Chief Executive Officer Zilla Parishad Nellore Nellore Dist. 30 The Director Of School Education A.P, Nampally, Hyderabad. 31 The Secretary to Govt. Education Department, Secretariat, Hyderabad 32. Two CCs to G.P. for Education, High Court Buildings, Hyderabad (OUT). 33. Two CD copies.