S. SRIRAMULU Vs. GOVERNMENT OF A. P.

JUDGEMENT

(1.) Leave granted.

(2.) The question which arises is who is entitled to run the school named Hindu Aided Elementary School at Ravinuthala village, Prakasham district in the State of Andhra Pradesh. The school was started by one Venkateswarlu in 1926. Venkateswarlu died in 1987 leaving behind him his two sons, namely, the appellant and Surya Narayanan. Both sons of Venkateswarlu claimed that their father had executed Wills in their favour. As far as the appellant is concerned, he claimed that the Will was executed on 12.12.1984. As far as Surya Narayanan is concerned, his claim is with relation to Will stated to have been executed on 1.04.1985.

(3.) Surya Narayanan was at all material times working as a secondary grade teacher in another school and it is not in dispute that he was, by reason thereof, under the Andhra Pradesh Education Act, disqualified from running the school set up by his father. Surya Narayanan, however, executed a general power of attorney on 13.10.1988, in favour of his wife, Respondent 5 herein, and appointed her as the Correspondent of the school. Her appointment was approved by the District Education Officer (DEO) on 22.05.1999. After several proceedings initiated by the present appellant, ultimately an order was passed by the Secretary, Education Department of the Government of Andhra Pradesh on 9.07.1996 directing the authority to appoint the appellant as the Correspondent of the school.