Telangana High Court
WP/23271/2020 of Dr. Md Abdul Muyed Vs The state of Telangana on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 23271 OF 2020 Between: Dr. IVd Abdul lr/uyed, S/o. tt/d Abdul salam Aged 58 years,
THURSDAY, THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY
PRESENT
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 23271 OF 2020
Between:
Dr. IVd Abdul lr/uyed, S/o. tt/d Abdul salam Aged 58 years, Occ. Associate Professor,R/o. 12-15-511, l\/anikeshwar nagar, Osmania University Campus, Hyderabad
...PETITIONER
AND
1. The State of,Telangana, Department of Education rep by its principal, secretary,Secretariat building, HyderabadSecretariat building, Hyderabad
2. The Directorate of school Education, Rep by its commissioner, Lakadikapool,Hyderabad.Hyderabad.
3. The District Educational officer, Nizamabad4. Osmania University, Rep by its Registrar, Osmania University campus,Hyderabad.4. Osmania University, Rep by its Registrar, Osmania University campus,Hyderabad.5. University College of arts and Social studies, Rep by its Principal OsmaniaUniversity, HyderabadUniversity, Hyderabad
...RESPONDENTS
Petition under Article 226 oI the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue an appropriate Writ, Order or Direction, more particularly one in the natureof Writ of IVlandamus, declaring the declaring the inaction of the 2nd respondent inconsidering the representations of the [petitioner ]daled 1811012003 followed by aremainder on 1411212020 for correction of dob of the petitioner in the Secondaryschool certificate dated 1611111976 from 21.'12.1960 lo 3110311962 as illegal,arbitrary, violation of principles of natural [justice ]and violation of Article 21 of IndianConstitution and consequently issue interim directions to the 41h respondent to stayall further proceedings in relation to the superannuation of the petitioner which isdue on 3111212020
lA NO: 1 OF 2020
Petition under Section ['l ]51 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to directthe 4th respondent to stay all further proceedings in relation to the superannuation ofthe petitioner which is due on 3111212020 pending disposal of the writ petition Counsel for the Petitioner: SRI T.SUJAN KUMAR REDDY
Counsel for the Respondent Nos.1 to 3: GP FOR EDUCATION
Counsel for the Respondent Nos.4 & 5: SRI CH.JAGANNATHA RAOs.c. FoR o.u.
The Court made the following: ORDER
WRIT PETITION No.23271 of [2020]
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ORDER:
This writ [petition ]is being disposed [of ][ol ][the ][odmission stoge]
with the consent of both Porties.
This writ [petition ]is filed seeking [the ][following ][relief:]
"......to [issue ][an appropriate ][Writ, ][Order ][or ][Direction ][more]particutarty one in the nature of Writ of [Mandamus]dectaring the action of the [2"d ][respondent ][in ][considering]the representation of [the ][petitioner dated ][18/10/2003]fottowed by a reminder on [14/17/7020 ][for ][correction ][of]date of birth of the [petitioner ][in ][the ][Secondary ][schoot]certificate dated 16/11/1976 from [21.12.1960 ][to]31/0311962 as ittegat, arbitrary, [violation ][of ][principtes ][of]naturat [justice ]and viotation of [Articte 21 ][of ][the ][lndian]Constitution and consequently [issue ][interim ][directions to]the 4th respondent to stay atI [further ][proceedings in]retation to the superannuation of the [petitioner ][which ][is]due on 31/12l2070 ......".
Heord Sri T.Sujon Kumor Reddy, [leorned ][counsel oppeoring]for the [pelitioner ]ond the [leorned ][Government Pleoder oppeoring]for the respondenis.
It hos been contended by the [petitioner ][thot ][he ][is ][working ][os]Associote Professor in the 4tn respondent [University. ][The ][grievonce]of the [petiiioner ][is ]thot [his ][dote ][of ][birth wos ][wrongly ][eniered ][in the]service record os [21 ].12.1960, insteod of [31.03.1952. ][He ][hos]submitted representotions to the [2nd ][respondent ][on ][1 ][B.l ][0.2003 ][ond]14.12.2020 for correction of [his ][dote ][of ][birth ][in ][the ][Secondory ][School]Certificote. Bul, so for, the respondenls [hove not ][possed ][ony ][orders]on the soid representotions.
Therefore, leorned counsel oppeoring for the petitioner hodconiended thot oppropriote orders be possed in the wdl petiiiondirecting ihe respondents to consider the representotions submiitedby ihe pelitioner on l8.lO.2OO3 ond 14.122020 ond possoppropriote orders in occordonce wiih low.
Leorned Governmenl Pleoder oppeoring for lhe respondenlshod contended thot since the petitioner's representotions orepending with lhe 2nd respondent, the 2nd respondent wouldconsider the some ond poss oppropriole orders in occordonce withlow.hod contended thot since the petitioner's representotions orepending with lhe 2nd respondent, the 2nd respondent wouldconsider the some ond poss oppropriole orders in occordonce withlow.
This Courl, hoving considered the rivol submissions mode byihe porties, is of the considered view ihoi ihis writ petilion con bedisposed of directing the 2nd respondent to consider theihe porties, is of the considered view ihoi ihis writ petilion con bedisposed of directing the 2nd respondent to consider therepresentotions submitied by the peiitioner on 18..l0.2003 ond14.12.2020 qnd poss oppropriote orders in occordonce with low14.12.2020 qnd poss oppropriote orders in occordonce with lowwithin o reqsonoble period, preferobly within o period of eighiweeks from ihe dote of receipt of o copy of this order.
Wilh the obove observoiions, this writ petition is disposed of.No costs.
Pending miscelloneous peiitions, if ony, sholl slond closed.
SD/- R.KARTHIKEYANASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To1. The Directorate of [school Education, ][Rep ][by ][its ][commissioner,Lakadikapool,]Hvderabad.2Ohe CC to Sri [T.Sujan Kumar ][Reddy, ][Advocate ][tqPUCl ]- -3i*o CCs to GP forEducation, [High ][Court ][for ][the ][State of ][Telangana ][at]Hvderabad [OUTI1. The Directorate of [school Education, ][Rep ][by ][its ][commissioner,Lakadikapool,]Hvderabad.2Ohe CC to Sri [T.Sujan Kumar ][Reddy, ][Advocate ][tqPUCl ]- -3i*o CCs to GP forEducation, [High ][Court ][for ][the ][State of ][Telangana ][at]Hvderabad [OUTI4.Oi,e-Cb io Sii Crr'.Jagannatha [Rao' ][S.C. ][for ][o.U. ][(OPUC)]Two CD CopiesKjTwo CD CopiesKj HIGH COURT
DATED:3011212020
1E [L4]Taa*IlJsot-LlJ--sIc{6\t-.fIt,l
ORDER
WP.No.23271 of 2020
DISPOSING OF THE WRIT [PETITION]WITHOUT COSTS.
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