IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE TWENTY SEVENTH DAY OF NOVEMBER, TWO THOUSAND NINE WRIT PETITION No.10673 of 2004 Between: The Educational Society of the Sisters of St. Joseph of Annecy – India, Visakhapatnam Rep., by its President, Sr. Catherine & another. … Petitioners And The Commissioner and Director of School Educational, Lakdikapool, Hyderabad & 3 others. … Respondents Counsel for the petitioners : Sri Y.V. Ravi Prasad Counsel for the respondents: AGP for School Education This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10673 of 2004 ORDER:- This writ petition is filed for a Mandamus to set aside proceedings dated 16.04.2004 passed by respondent No.3. The petitioner is a Minority Educational Institution, which is running several schools and colleges. One such school is run in Kakinada in the name and style of St. Ann’s Girls High School. By order dated 03.02.2001, the Management of the petitioner initiated disciplinary proceedings and pending enquiry suspended the Headmistress of the said school by name Kumari S. Bala Nirmala Grace. However, the Government intervened and restored the said Headmistress to the office and transferred her to P.R. Government Girls High School, Kakinada. After completion of enquiry against the Headmistress, the petitioner passed order dated 13.12.2003, whereby she was dismissed from service. This fact was intimated to the Secretary of School Education Department, Government of Andhra Pradesh with copies marked to other authorities including respondent Nos.2 and 3. In the said communication, the petitioner informed that as the Headmistress was transferred during the pendency of enquiry and in view of her dismissal the authority may take necessary action to recall the Government memo, whereby the Headmistress was transferred and posted to the Government Girls High School, Kakinada. Later on, the petitioner has taken steps to fill up the vacancy of Headmistress. By resolution dated 19.02.2004, the Management of the petitioner society resolved to promote Sister V. Vijaya Kumari in the vacant post of the Headmistress. Accordingly the same was intimated to respondent No.2 by letter dated 20.02.2004 with copy submitted to respondent No.3. In the said communication, the petitioner sought for approval of the decision taken by the petitioner society. By the impugned order, respondent No.3 returned the proposal on the ground that as the previous Headmistress was still continuing, clear vacancy has not arisen and that after finalization of the disciplinary proceedings against her, fresh proposals may be made. From the material placed by the petitioner, which is referred to above, it is clearly evident that the previous Headmistress was dismissed by proceedings dated 13.12.2003 of the petitioner society which fact was intimated to the official respondents including respondent Nos.2 and 3. Surprisingly, respondent No.3 failed to refer to the said letter in his impugned proceedings and proceeded on the premise that Kumari S. Bala Nirmala Grace was still holding the post of Headmistress, but under transfer to the Government high school. This shows complete non-application of mind on the part of respondent No.3 in ignoring the fact of dismissal of Kumari Bala Nirmala Grace. On account of this erroneous approach of respondent No.3, the proposals of the petitioner for having a regular Headmistress are put on hold for more than 5 years. The impugned order is therefore wholly unsustainable in law and the same is accordingly set aside. The respondents are directed to reconsider the request of the petitioner for granting permission to appoint the person, who was selected by it, as Headmistress of the school in question. _____________________________ C.V. NAGARJUNA REDDY, J Date: 27.11.2009 ES