APHC010365122023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18740/2023 Between: 1. V DANIEL VIJAYA RAJ, N ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT, (OLD KRISHNA DISTRICT), ANDHRA PRADESH. 3. THE DISTRICT EDUCATION OFFICER, KURNOOL DISTRICT, KURNOOL, ANDHRA PRADESH. 4. THE HEADMISTRESS, ZILLA PARISHAD HIGH SCHOOL HUSSAINAPURAM VILLAGE, ORVAKAL MANDAL KURNOOL DISTRICT. 5. SMT M HARI PRIYA, HEADMISTRESS ZILLA PARISHAD HIGH SCHOOL, HUSSAINAPURAM(V) ORVAKAL MANDAL KURNOOL DISTRICT. 2 6. THE DISTRICT COLLECTOR, KURNOOL O/O KURNOOL COLLECTORATE BUDHAWARA PETA, ALLURI SITARAMA RAJU NAGAR, KURNOOL, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not considering the petitioner NCC Qualification and denying the NCC Unit at ZPHS Hussainapuram, Orvakal Mandal in order that to crushing the patriotic spirit of students by transfer NCC Qualified petitioner as School Assistant is illegal, arbitrary, unjust, improper in violation of fundamental rights guaranteed under Article 14, 16, 19(1)(g) and 21 of the Constitution of India and declare that the petitioner is entitled to be CTO NCC officer at ZPHS Hussainapuram(v) Orvakal(m) Kurnool and (ii) To Set aside the transfer order issued by 3rd respondent vide Rc.No.SPL/Kurnool/2023 dated 09.06.2023 and revert back the petitioner to the post of CTO NCC officer and deploy his service to ZPHS Hussainapuram, Orvakal by protecting seniority (iii)To set aside the proceeding issued by the 3rd respondent Vide Rc.No.3722/C4/2022 dated 23.12.2022 (iv)Direct the Respondents to establish NCC unit at ZPHS Hussainapuram, Orvakal(m) Kurnool with immediate effect by taking consideration of orders of HRC vide HRC.No.689 of 2021 and Orders of Lokayukta vide complaint No.1773/2021/81 (v)Direct the respondents to take action against the Respondent No.5 to the extent of denying the NCC Unit at ZPHS Hussainapuram, Orvakal by ignoring the orders of Lokayukta and HRC and pass such other order. IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to redeploy the petitioner service to ZPHS Hussainapuram, Orvakal as CTO NCC, School Assistant (English) pending disposal of the above writ petition in the interest of justice and pass such other order. 3 Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18740 of 2023 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not considering the Petitioner’s NCC Qualification and denying the NCC Unit at ZPHS, Hussainapuram, Orvakal Mandal, as illegal and arbitrary. 2. At the time of hearing, learned counsel for the Petitioner submits that the cause in the present Writ Petition does not survive for adjudication in view of the subsequent developments and it has become infructuous. In that view, no orders are required to be passed. 3. Therefore, the Writ Petition is dismissed, as infructuous. 4. No order as to costs. 5. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 05.08.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18740 of 2023 Date: 05.08.2025 IS