Telangana High Court

WP/3295/2001 of Parents Association of Princess Esin Girls High School, Vs The Commissioner of Endowment Department, on 31 December 2012

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CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Petition No.3295 of 2001 DATED:31.12.2012 Between: Parents Association of Princess Esin Girls High School representedby its General Secretary, Hyderabad. … Petitioner And The

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THE HON’BLE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEAND

THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

Writ Petition No.3295 of 2001

DATED:31.12.2012

Between:Parents Association of Princess EsinGirls High School representedby itsGeneral Secretary,Hyderabad.

… Petitioner

AndThe Commissioner,Endowment Department,Hyderabad and others.

…. Respondents

THE HON’BLE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEANDTHE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

Writ Petition No.3295 of 2001

Order:(per the Hon’ble Chief Justice Sri Pinaki Chandra Ghose)

In this writ petition, the petitioner is seeking a mandamus to declare the fee structure which is fixed and being collected byrespondent Nos. 4 and 5 as arbitrary and illegal and to consequentlydirect the respondents to constitute the Governing Body as per G.O. Ms.No.1 (Education P.S. 2) Department, dated 1.1.1994 and to restructurethe fee to be collected from the students of the fifth respondent school.

The petitioner filed the writ petition against a school which isunder the management of the H.E.H. The Nizam’s Charitable Trust forEducation, Hyderabad, respondent No.4 herein.

Admittedly, the 4[th] respondent is a private Trust, which runs theschool and in our opinion, a writ petition does not lie against a privateTrust.

Further, in the instant case, the interim order was also declined tobe passed by this Court on 27.2.2001.

Under the circumstances, we are of the view that the writ petition has become infructuous and is also not maintainable.

The writ petition is accordingly dismissed. No costs.

__________________________

PINAKI CHANDRA GHOSE, HCJ

31.12.2012

______________________

VILAS V. AFZULPURKAR,J

pnb

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