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Andhra Pradesh High Court - Amravati

United Private Educational ... vs The State Of Andhra Pradesh on 17 November, 2022

Author: K Suresh Reddy

Bench: K Suresh Reddy

SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
(SPECIAL ORIGINAL JURISDICTION}
THURSDAY, THE SEVENTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY TWO
'PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY
WRIT PETITION NO: 97187 OF 2022
Sehween: a
UNITED PRIVATE EDUCATIONAL INSTITUTIONS FEDERATION, Rep by iis
CR aman Sri G. Mohan Rao, ASHOK Nagar, Kakinada Kast Godavari District -
§233003 Andhra Pradesh ;

. . Pationer
ee | _ AND
1. The State Of Andhra Pradesh, rep py its Peincipal Secretary, School
Education Department Secretariat. Tullur, Velagapud), Guntur District

2. The State of Andhra Pradesh, rep tacts Priy incinal Secretary, Revenues
Deparment Serrefarial, Tullur, Velagapud, Guniig District

3. The Cammissioner of School Education, Government of Andhra Pradesh, B-
Block, 4th Floor, Sr Anjaneya | Towers NTTPS Road, [brahimpatnam,
VAR layawada-Se i456

4 Board of Intenmedisie Education: y Government of Andhra Pradesh, Rep by Hs
Secretary, Block, 4th Floor, Sri, Anjaneya Towers NTTPS Road,

ibrahimpatnam, Viiayawsda-5 521 456 .

. ReSPONTSsnis

WHEREAS the Patiioner above named through ifs Advocate OR}
VUAY MATHUKUMILL] presented this Petition under Article 226 of the Constitution
of India praying that In the clrounstances. 'stated in the afficavit filed therswith, the
High Court may be pleased fo issue an 'appropriate writ more in the nature of Wint
Mandamus declaring the G.0. RE Nooda) dated 22.03.2022 whereby and where-
under, the Government have conteriplaied to constitule o-Member District
Moriioring and Supervising Comm ite. comprising officials from the Depariments of
Revenue, Pollos, Medical and Healfi.efc, who are fotally unconnected and
unconcerned with the affairs of education In the Schools and Colleges in the State as
being issued without there being any justification and in a mast arbitrary manner,
overtaking not only the previsions of ihe Central Act, but aise the G.O Ms. No. 29.
Dated 05.02.1987 and the Rulas framed thereunder but also the Board of
intermediate Act which empowers" ih 'Regi onal inspecting Officer to visit the
insiftutions and prepare t the Rep ort. aS being arbifrary, Hlegal and vialative of Anicles
44 and 18 (1) (9) of the Constitution of India and against the principles 0 natural
justice and offending the Provisions of Right to t =ducation Act and the Rules as wel
as the Right to Fee Education Act, 2009" framed thereunder and consequently to set
aside the same



AND WHEREAS the High Gout upon perusing the petition and
afiidavilimemearandum of grounds Hed herain and upon hearing the arguments of Si
SREVIUAY MATHURUMILL Advocate For the Petifioner, anc The learnad GP FOR
MIGHER EOUCATION for Respondent Nos. 1.3 and 4 and GRE OR REVENUE far

Respondent No.2 and directed issue of no Nine:ta the Respondents herein to show cause as to why this WRIT PETITION should Aes be adiruiied within two weeks You vis:

1. The Princioal Secretary, Schoo! Educatio in Departrent Secretarial, Tuttur, Veal lagapudi, Guntur Distriet ms é. The Principal Seerstary, Reve snue Department Secretariat, Tullur, Vala: gapudl, Gurtur District 3S. The Corsmissioner of Schoo! Education: ppogenment ¢ of Anchra Pradash, B. Riock, 4th Floor, Sri Anignaya Towers NT TRS Road, lbrahimpainam, Vlayawada-S2 1486
4. The Secretary, Board of intermediate Education Gayemment of Anchra Pradesh, 8-Biock, 4fh Floor Sx anlanove T Powers NTTPS Road, iprahimpainam, Vijayay eca-k: 21458 are be and hereby directed to show osuse either appearing in person ar fhrou: gh an Advocate, as to why in the crcumstanoes set cut in the petition and the affidayd fied tharewthicapy enclosed } this (WRIT PETIT ON should net be admitted | The Court made the following: ORDER... .
"Notice before admission. The isarned G.P far Higher Education takes notice for respondent Nos.t, 3 and 4 and G.P. for Revenue takes notice for 2° reapondent. At their request, post after two weeks for fling counter', Sdi. Mi. PRABAKAR RAQ ASSISTANT REG ISTRAR TRUE COPY! oe _ For ASSISTANT REGISTRAR Ta, £5 ~ Pa The Principal Secretary, School Ea Sucation Department Secretarial, Tullur Velaganuci, Quniur District The Frincinal Secretary, Revenue Depdrime ant Secretariat, Tullur Velagapu wh, Guritur District The Comrnissioner af Schoo! Educall ion, Covamment of Andhra Pradesh, B- Block, 4th Fi loot, Sri Anjaneya Towers NTTPS Road, lbrahimpatnam, Vidayawada-52 1458 the Secretat ry. Board of inte mediate Rusa on Government of Andhra Pradesh, B-Block, 4th Floor, Sn, Anianeya Towers NTTPS Road, iprahimpainam, Viayawada-S2 $458 { Addresses { to 4 by RPAD- along with a copy of petition and Affidavit} - One GC to SRI SRI VIS JAY MATRUKUMILLE Advocate [OPUCI Two OCs to GP FOR SCHOOL EQUCATION | High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR HIGHER EDUCATION High court of Andhra Pradesh [OUT] _--
One spares copy HIGH GOURT KSR J DATED TPM U2022 NOTE: POST AFTER TYVO WEEKS FOR FILING COUNTER NOTICE BEFORE ADNUISSION WP NG.OT SY of 2022