WA/1877/2004 of Diocesan Educational Society, Kurnool, Vs Government of Andhra Pradesh, on 29 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MRS JUSTICE T.MEENA KUMARI

AND THE HON'BLE MR JUSTICE S.ANANDA REDDY

WRIT APPEAL NO. 1877 of 2004

(Writ Appeal under Clause 15 of the Letters Patent against the Order dated01/10/2004 in WP NO : 16791 OF 2004 on the file of the High Court.)

Between:

Diocesan Educational Society, Kurnool, its Chairman Most Rev.G. Johannes S/o Shri Augustine, R/o Bishop Compound, Nandyal Road, Kurnool.

..... APPELLANT

AND

1 Government of Andhra Pradesh, rep. by Secretary to the Government, Education , Secretariat, Hyderabad.

2 Regional Joint Director, Intermediate Education, Kadapa, Kadapa District.

3 P. Balaraja Reddy, (Erstwhile Jr. Lecturer in Chemistry, St. Mary's Junior College, Nandyal Road,Kurnool)

R/o H.No. 7/897,Syndicate Bank Colony,

Behind Bishop's House, B-Camp, Kurnool.

4 Shri Anthony Raju, (Erstwhile Jr. Lecturer in English, St. Mary's Junior College, Nandyal Road,Kurnool)

R/o H.No. 18/636 Gaffoor Nagar, B-Camp, Kurnool.

.....RESPONDENTS

Counsel for the Appellant:MR.N.V.S.R.GOPALAKRISHNAMA CHARYULU

Counsel for Respondent Nos.1 and 2: GP FOR EDUCATIONCounsel for Respondent Nos.3 and 4:MR.P.INNAYYA REDDY.

The Court at the admission stage made the following Order: (per TMK,J)

This writ appeal is filed against the order dated 01.10.2004 passed inW.P.No.16791 of 2004 by a learned Single Judge of this Court.

The above writ petition is filed by the appellant herein, which is an EducationalSociety, seeking a direction to the first respondent to take up the stay petitionfiled by it on 13.09.2004 along with the appeal for hearing.

The learned Single Judge of this Court, after going into the merits of the case,directed the first respondent to take up the stay petition filed by theappellant/petitioner along with the appeal under Section 81 of the A.P.Education Act, 1982, (for short ‘the Act’) for hearing and pass appropriateorders by exercising the discretion according to the relevant provisions underthe Act within a reasonable time.

Learned counsel for respondents 3 and 4 submitted that since four monthshave been elapsed from the date of passing of the order dated 12.8.2004,respondents 3 and 4 have to be reinstated as a consequence of the said order.

In view of the fact that the learned Single Judge has directed the firstrespondent to take up the stay petition along with the appeal for hearing and topass appropriate orders within a reasonable time, we modify the order of the learned Single Judge by directing the first respondent to pass appropriateorders on the stay petition along with the appeal filed by the appellant/petitionerin accordance with the provisions of the Act within a period of two months fromthe date of receipt of a copy of this order after affording opportunity of hearingto all the parties concerned.

The writ appeal is accordingly disposed of. No costs.

____________________

T.MEENA KUMARI,J

29-12-2004

_________________

S.ANANDA REDDY,J

Note:CC within one week bo

Lvl/usd

To

1 The Secretary to the Government, Government of Andhra Pradesh, Education , Secretariat, Hyderabad. Education , Secretariat, Hyderabad.

2 The Regional Joint Director, Intermediate Education, Kadapa, Kadapa District.

3. Two CCs to G.P. for Education, High Court of A.P., Hyderabad (OUT).

4. Two CD copies.