HON’BLE SRI JUSTICE A.GOPAL REDDY and HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 340 OF 2010 ORDER:(per Hon’ble Sri Justice A.Gopal Reddy) The petitioners, who are the residents of Jangammet (Nagulabanda), Falaknuma, Hyderabad, made a representation to the Chairman, A.P. State Human Rights Commission, Hyderabad on 23.12.2009 stating that the St. Joseph Grammar School (7th respondent-School herein), being run at premises bearing No.18-2-474/3, Jangammet (Nagulabanda), Falaknuma, Hyderabad, is established, in contravention of Sections 5, 6, 7, 8, 9 and 20(4) of the Andhra Pradesh Education Act, 1982 (for short ‘the Act’) and the rules made thereunder, and is admitting students without being recognized under the Act. By virtue of functioning of the 7th respondent-School, the residents of the locality are facing not only traffic congestion but are unable to move easily during the school hours at the time of opening and closing of the school and necessary action should be taken to close down the institution being run without recognition from the competent authority. The said representation has not invoked any response from the authorities concerned. Hence, the present writ petition is filed for issuing a direction to respondents 1 to 6 to take appropriate action for closure of the 7th respondent-School. The fourth respondent-District Educational Officer, Hyderabad filed the counter affidavit on behalf of respondents 1 to 5 stating that respondent Nos.4 and 5 have already taken necessary steps against the 7th respondent-School, that even before filing of the writ petition by the petitioners, a Three Men Committee, consisting of Deputy Educational Officer, Deputy Inspectors of Schools, Bandlaguda and Head Master, Government Boys High School, Pioneer Bazar, Chatrimet, Hyderabad, was appointed by the fourth respondent, vide proceedings dated 28.10.2009, to conduct the survey of the locality and submit the report, that the Three Men Committee conducted the survey and submitted the report, vide letter dated 21.01.2010, stating that the 7th respondent-School has not followed the rules as per G.O.Ms.No.1, dated 01.01.1994; G.O.Ms.No.91, dated 02.07.2005; G.O.Ms.No.41, dated 11.05.2006; G.O.Ms.No.58, dated 15.07.2006; G.O.Ms.No.74, dated 11.09.2006; and G.O.Ms.No.80, dated 15.07.2009, and that the Three Men Committee had not recommended for granting permission to the 7th respondent- School. It is further stated that, on the basis of the report of the Three Men Committee, the proposal for grant of permission by the 7th respondent-School, to open classes I to VII for the year 2010-2011, has been rejected by the fourth respondent, vide his letter No.11134/238/E6/09 dated 03.02.2010, for not fulfilling the conditions and violation of the rules in the G.Os referred to above, that the fifth respondent herein communicated the proceedings of the fourth respondent to the management of the 7th respondent- School informing that the proposal has been rejected and directed to close down the school within a week, and had taken all preventive steps against the unrecognized schools functioning under the jurisdiction of the fourth respondent. Learned counsel for the petitioners has not filed any reply to the counter affidavit of the fourth respondent. The counter affidavit discloses that the fourth respondent had already initiated action against the schools, which are being run without any recognition, and directed the 7th respondent- School to close down as the permission sought by it to open classes I to VII for the year 2010-2011 had already been rejected. In view of the same, no further adjudication is called for in this writ petition. Inspite of rejection of the permission, if the 7th respondent-School continues to function by admitting the students, the petitioners are at liberty to bring it to the notice of the fourth respondent, who shall take all necessary steps, for closure of the 7th respondent-School, in implementing its order. The Writ Petition is, accordingly, dismissed. No order as to costs. A.GOPAL REDDY,J K.C.BHANU,J Date:14.07.2010 usd