Citation : 2021 Latest Caselaw 869 AP
Judgement Date : 16 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.3725 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"......to issue a writ of Mandamus, declaring the action of the respondents
in not considering the petitioners' representation dated 19.01.2021 rd submitted to appoint the 3 petitioner as a Correspondent to the nd 2 petitioner's Primary School i.e., A.B.M. Primary School, Kanigiri Village
and Mandal, Prakasam District, despite repeated representations and
requests made by the petitioners, as illegal, irregular, irrational and
amounts to non-discharge of legal obligation conferred on them under the
provisions of Andhra Pradesh Education Act, 1982 and offends Articles
14 and 21 of the Constitution of India and consequently direct the
respondents to consider and initiate necessary action on the petitioners' rd representation in accordance with law by appointing the 3 petitioner as
Correspondent of said institution and pass such other order."
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri Siva Sankar Rao Borra, learned
counsel for the petitioners limited his request to dispose of the
representation dated 19.01.2021 submitted by the petitioners,
without touching the merits of the case.
3. Learned Government Pleader for School Education appearing
for the respondents readily agreed to dispose of the representation
dated 19.01.2021 submitted by the petitioners, if any, pending with
the respondent-authorities.
4. Recording the submissions made by the learned Government
Pleader for School Education, I need not decide the truth or
otherwise of the allegations made in the petition. This Court is
conscious that no such direction be issued, in view of the judgment
of the Apex Court in The Government of India v. P.Venkatesh1,
wherein the Apex Court held that such orders may make for a quick
or easy disposal of cases in overburdened adjudicatory institutions.
But, they do not service to the cause of justice. As the learned
counsel for the petitioners himself requested to issue a direction to
dispose of the representation dated 19.01.2021submitted by the
petitioners, I find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
respondent authorities to dispose of the representation submitted by
the petitioners 19.01.2021, in accordance with law, within a month
from today. No costs.
As a sequel, miscellaneous applications, pending, if any, shall
also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 16.02.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.3725 OF 2021
Date: 16.02.2021
IS
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