M GOVINDASWAMI MANAGER AIDED NON MISSION JOTHI RAMALINGAM AMALGAMATED HIGHER ELEMENTARY SCHOOL CHITTOOR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution to quash the order of the Government of Andhra Pradesh in G.O. Ms. No. 1281,. Education, dated 14th October, 1954 and the order of the District Educational Officer, Chittoor, in R.C. No. 292/52, dated 3rd November, 1954, withdrawing recognition and aid to Aided Non-Mission Jothi Ramalingam Amalgamated Higher Elementary School, Chittoor, herein-after referred to as ' the school'.

(2.) In order to appreciate the contentions of the parties, it is necessary to set out the following facts. The school was established in the Eighth Ward of Chittoor Municipality to impart elementary education to children in January, 1940. By Dis. No. 342/45, dated 26th June, 1945, the school was granted temporary recognition for Standards I to V and in Dis. No. 69 of 1947, dated 3rd March, 1947, recognition was made permanent and the school was admitted to Government aid. The number of pupils studying in the school in 1952 was 651. There were 28 teachers including a pre-vocal instructor working in the school. On the report submitted by the Deputy Inspector of Schools as regards various irregularities noticed in the management, the District Educational Officer, in his registered notice R.O.C. No. 292-C/52, dated 28th April, 1953, called upon the petitioner to show cause why recognition and aid to the school should not be withdrawn with effect from 1st June, 1953. The manager, thereupon, submitted his explanation in J.R.S. 30/53, dated 16th June, 1953. He requested that an open enquiry might be held by an inspecting officer from outside the district giving him an opportunity to prove that the allegations set out in the notice, dated 28th April, 1953, were without any substance.

(3.) On 31st August, 1953, the Personal Assistant in charge of the office of the District Educational Officer, Chittoor, passed an order stating that as most of the irregularities were proved with reference to the recorded evidence, it was not necessary to hold an open enquiry and he ordered the withdrawal of recognition and aid to the school. The manager preferred an appeal to the Divisional Inspector of Schools, Anantapur, on 5th September, 1953. On the representations, made by the manager to the Director of Public Instruction, an order was passed on 28th October, 1953, in the following terms :