WP/4288/2014 of Islamia Educational Society, Vs TheGovt of A.P.Rep by its on 29 December 2023

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREETWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION NO:4288 OF 2014

Between:

1. lslamia Educational Society, Opp Sikh Gurudwara, Near SecunderabadRailway Station, Secunderabad, Rep by its Secretary Mr. Khadar KhanRailway Station, Secunderabad, Rep by its Secretary Mr. Khadar Khan

2. National Teacher Training College, Munidevunipally Village, KondapurMandal, Medak District Rep by its Correspondent Mr. Khadar KhanMandal, Medak District Rep by its Correspondent Mr. Khadar Khan

3. Mr. Khadar Khan, S/o: Maqdoom Khan Raja, about 43 years,Rl/o Willmount Apts, 3rd Street, West Maredpally, Secunderabad.Rl/o Willmount Apts, 3rd Street, West Maredpally, Secunderabad.

...PETITIONERS

AND

1The Govt. of A.P., Rep by its, Principal Secretary School EducationDepartment, Secretariat Buildings, HyderabadDepartment, Secretariat Buildings, Hyderabad 2The Commissioner and Director of School Education, Saifabad, HyderabadThe Director of Examinations, Chapel Road, Nampally, HyderabadThe Director of Examinations, Chapel Road, Nampally, Hyderabad

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate writ order or direction more particularly one in thenature of ["Writ ]of Mandamus" declaring the action of the 2nd respondent in notapproving the admission of lhe students of the 2nd [petitioner ]institution by issuingproceedings in RC.No.9/N'1 -3lDlETl2O11 Dated 26-10-2013 as being illegal,arbitrary, unconstitutional and contrary to the [provisions ]of A.P. Educationallnstitutions (Regulation of Admissions and Prohibition of Capitation Fee.) Act,1983 and set aside the said Proceedings issued in RC.No.9/N1-3/D!ET|2O11Dated 26-10-2011 and consequently direct the respondents to forthwith approve the admission of all the students of the 2nd petitioner institution and [permit ]them tocomplete their D.Edcourse without any hindrance.

l.A. NO: I OF 2014(WPI\0E. NO: 5289 OF 2014)

Petition under Section ['151 ]CPC praying that in the circumstances stated inthe affidavit filed in support of the [petition, ]the High Court may be [pleased ]to directthe respondents to perrnit the students of the 2nd petitioner institution to appearfor the examinations of 1'r year D.Ed Course and all examinations thereafter, bysuspending the proceeoings Dated 26.1O.2013 and 17.01.2O14, pending disposalof the above writ petition.

l.A. NO: 2OF 2014(WP MF'. NO: 19176 OF 20141

Petition under Section 151 CPC praying that in lhe circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to directthe respondents to declare the results of the 1"t year D.Ed course and furtherpermit the students to pursue the remaining course, pending disposal of the abovewrit petition.

Counsel for the Petitioners: SRI P PANDU RANGA REDDY

Counsel for the Respondents: GP FOR SCHOOL EDUCATION

The Court made the following: ORDER

HON'BLE MRS JUSTICE SUREPALLI NANDAWRIT PETITION No.4288 of 2O14

OBDER:

Heard learned counsel for the petitioners and alsoheard learned Government Pleader for SchoolEducation, appearing on behalf of respondents.heard learned Government Pleader for SchoolEducation, appearing on behalf of respondents.

PERUSED THE RECORD.

2. The petitioners approached this Court seeking therelief as under:

"to issue an appropriate writ order or directionmore particularly one in the nature of Writ of Mandamusdeclaring the action of the 2nd respondent in notapproving the admission of the students of the 2ndpetitioner institution by issuing proceedings in RC.No.9/NL-3/DIET/2011 Dated 26.10.2013 as being illegal,arbitrary, u nconstitutiona I and contrary to theprovisions of A.P. Educational Institutions (Reguiation ofAdmissions and Prohibition of Capitation Fee) Act, 1983and set aside the said Proceedings issued in RC.No.9/NL-3/DIET/2011 Dated 26,10.2013 and consequentlydirect the respondents to forthwith approve theadmission of all the students of the 2nd petitionerinstitution and permit them to complete their D.Edcourse without any hindrance and drop all proceedings (

I

as a consequence of such proceedings and to pass suchother order or orders as this Hon'ble Court may deem fitand proper in the circumstances of the case. "

3. It is represented by the learned Assistant GovernmentPleader for Education, appearing for the respondents that, thecause of action in the present writ petition does not survivefor adjudication any more.

4. Bringing the said submission of the learned AssistantGovernment Pleader for Education, appearing on behalf ofthe respondents on record, the present writ petition isdismissed as infructuous. However, there shall be no order asto costs.

5. Interim orders granted by this Court on 14.02.2014,shall also sta nds vacated.

Miscellaneous petitions, if any, pending in this WritPetition, shall :;tand closed.

SD/. MOHD. SANAULLAH [ANSARI]ASSISTANTGI//TRUE COPY//

Sr:CTION OFFICER

To,1One CC to Sri P. [Pandu Ranga ][Reddy' ][Advocate]loPUcl2Two CCs to GP for School Education, [High ][Court]for the State of Telangana,at Hyderabad [OUl-l3Two CD CopiesTJGJP{NA

HIGH COURT

DATED:2911212023

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