RAMBABU D Vs. PRINCIPAL HYDERABAD PUBLIC SCHOOL

JUDGEMENT

(1.) All these four writ petitions are inter connected and the subject matter is one and the same in all these writ petitions. Hence they are being disposed of by a common judgment.

(2.) Here are a set of persons claiming to be the respectable persons in the society who could become members of the General Body of the Hyderabad Public School Society from time to time as per the revised bye-laws of the society as approved by the Government in G.O.Ms.No.2713 dated 20-10-1965 wherein the General Body of the society was constituted apart from the Board of Governors to fulfil the requirements of Indian Public Schools Conference that the school seeking for affiliation from the Conference should have a scheme of management, but have no respect for law and they could successfully frustrate the constitutional mandate as envisaged under Article 15(4) of the Constitution of India intended to bring the socially and educationally Backward Classes of citizens to the main stream of the society by affirmative action like reservations in educational institutions etc., for long 20 years, in spite of specific orders of the Government in G.O.Ms.No.697 dated 26-7-79, while implementing rule of reservation in favour of Scheduled Castes and Scheduled Tribes as directed in the said G.O. Apart from these, reservations were also made in favour of the children of the staff, old students, brothers of old students and children of the staff working in the local bodies under whom the school authorities are working. I have no manner of doubt that these persons having secured membership of the society and because of their proximity to the political bigwigs, the governmental representatives meekly surrendered to them and most of them did not evince any interest in the administration of the affairs of the school and it has now reached a stage that the governmental representatives are under the impression that they are on the Board of Governors at the mercy of these individuals and they have not only become willing partners in committing the illegalities by these individuals but also went to the extent of swearing to false affidavits supporting the illegal activities of these individuals, as and when some of the aggrieved persons approached the Courts, quite contrary to the documentary evidence, depending upon the social background of the learned Judge before whom the case is posted and succeeded in not implementing the rule of reservation in favour of the Backward Class students for over two decades. But when their illegal activities came to the fore in the year 1988 they have not only tried to set up title to the school properties but also started claiming that the school belongs to the society and the Government has nothing to do with the school and tried to amend the bye-laws of the Society with a view to take over the administration of the schools which was till then vested the affairs of the institution. We will consider this matter legally and constitutionally in pursuance of the Court cases. If it is necessary to bring a Bill, you are aware that even if the House is not in Session we can promulgate an Ordinance. That difficulty is not there."

(3.) In fact, most of the records of the society are not traceable, as and when writ petitions are filed against the Society the officers started filing sworn affidavits stating that the Government has nothing to do with the school and the same is a private school run by an independent society registered under the A.P. (T.A.) Societies Registration Act (Act No.1 of 1350 Fasli). I do not know how such statements were made by the responsible officers without verifying the records. I am unable to visualise the compelling reasons for swearing to irresponsible affidavits by responsible officers who are the custodians of the public property and public trust. With the result, these individuals are now emboldened to claim the public properties worth hundreds of crores of rupees and the school which was originally started for the education of the children of Jagirdars in the erstwhile Nizam State is now serving the interest of neo rich and neo Jagirdars and pseudo intellectuals of the present day society. To what extent the claim of these individuals can be sustained in law will be examined in the latter part of the judgment.