VIDYARANYA EDUCATION SOCIETY KOPPOLU PRAKASAM DISTRICT Vs. DIRECTOR OF SCHOOL EDUCATION ANDHRA PRADESH

JUDGEMENT

(1.) The question that arises in this Writ Petition is whether the proceedings of the 1st respondent herein in L.Dis. No. 767/D2-2/93 dated 6-9-1993 granting per mission to open Class VIII in Telugu medium during 1993-94 without aid in respect of the 3rd respondent-school at Koppolu is valid and whether the petitioner herein can question the same.

(2.) The petitioner is a society registered under the Societies Registration Act with Registration No. 504/92. It applied on 27-2-1993 to the Regional Joint Director of School Education, Guntur for permission to start a High School under the name of Sri Vidya-ranya High School at Koppolu village in Ongole district and the 1st respondent i.e., the Director of School Education, Andhra Pradesh, granted permission in his proceedings L.Dis. No. 600/D2-2/93 dated 14-5-1993 to open Classes Vlth to VIIIth (TM) during the year 1993-94 without aid in respect of Sri Vidyaranya High School, Koppolu. It is the case of the petitioner that coming to know of its intention to establish a High School at Koppolu, one Radha Krishna Educational Society ('RKE Society for short) was brought into existence on 15-4-1993 and that in its name an application was made for starting a High School by name Radha Krishna Memorial High School, by upgrading the existing 2nd respondent-school at Koppolu which is being run by some of the persons who formed RKE Society and their relatives. According to the petitioner, the said application was considered by the 1st respondent and by his proceedings in Re. No. 767/D2-2/93 dated 10-6-1993 he informed the Regional Joint Director at Guntur that the said application was rejected. Coming to know that political pressure was being brought upon the 1st respondent by 2nd and 3rd respondents and that there was every likelihood of the 1st respondent yielding and reopening the matter and granting permission to RKE Society for upgrading the 2nd respondent-school into High School, the petitioner approached this Court by way of the present Writ Petition on 1-9-1993 seeking a Writ of Mandamus directing the 1st respondent not to, accord permission for Radha Krishna Memorial High School/Upgradation of Aided Upper Primary School (PR) at Koppolu etc.

(3.) The Writ Petition was admitted on 2-9-1993 and in W.P.M.P. No. 16267 of 1993 this Court ordered that status quo shall be maintained for' a period of one month with regard to grant of permission to the proposed High School of the 3rd respondent. On 5-10-1993 that interim status quo order was extended up to the end of November, 1993. It was not further extended. After the impugned order dated 6-9-1993 was issued by the 1st respondent, the petitioner sought amendment of the prayer in the Writ Petition in W.P. No. 17456 of 1993 and the same was ordered on 21-9-1993. The petitioner now seeks for a declaration that the impugned proceedings dated 6-9-1993 as illegal, arbitrary and in violation of Section 20(3)(a)(i) of the Andhra Pradesh Education Act, 1982 ('the Act' for short) and Rule 3 of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools) Rules, 1988 ('1988 Rules' for short) etc.