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2025 DAILYLAW 31466 (AP)

THE STATE OF ANDHRA PRADESH v. SRI LAKSHMI VENKATESWARA EDUCATION SOCIETY

WA/1044/2024 · 2025-01-27

Dhiraj Singh Thakur, Ravi Cheemalapati

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 1044 OF 2024 Writ Appeal under Clause 15 of the Letters Patent preferred against the order dated 22-08-2024 passed in W.P.No.40760 of 2017, on the file of the High Court. Between: The State of Andhra Pradesh, Rep by its PrI. Secretary Department of School Education Secretariat Buildings, Velagapudi, Amaravathi, A.P. The Commissioner of School Education, Government of A.P. Ibrahimpatnam, Vijayawada, A.P. The District Educational Officer, Prakasam District, Ongole, A.P. The Mandal Educational Officer, Komarole, Prakasam District, A.P. ...Appellants/Respondents in WP.No.40760/2014 1. 2. 3. 4. AND 1. Sri Lakshmi Venkateswara Education Society, Rep by its Secretary, B.Narayana Reddy, Gopanipalle, Komarole Mandal, Prakasam District, A.P. SBNRM Aided High School, Rep by its Correspondent, B Narayana Reddy, Kothapalle, Komarole Mandal Prakasam District, A.P. SBNRM Aided High School, Rep by its Correspondent, B Narayana Reddy, Gopanipalle, Komarole Mandal, Prakasam District, A.P. ...RespondentsA/Vrit Petitioners in WP.No.40760/2014 2. 3. lA NO: 1 OF 2024 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 suspend the orders passed by the Learned Single Judge in WP.No.40760/2017, dt: 22-08-2024, pending disposal of the above writ appeal. Counsel for the Appellants: GP FOR SCHOOL EDUCATION Counsel for the Respondents: SRI C SUNIL KUMAR REDDY The Court made the following judgment: APHC010460382024 Bench Sr.No:-36 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 1044 of 2024 The State of Andhra Pradesh and others ...Appellants Vs. Sri Lakshmi Venkateswara Education Society and others ...Respondents •Af'Jcj'f'* •*y<***;if Advocate for Appellants Advocate for Respondents GP for School Education Mr. C Sunil Kumar Reddy CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRUUSTICE RAVI CHEEMALAPATI : 27^'’ January, 2025 DATE PC : The present writ appeal has been preferred by the appellants - State against the judgment and order, dated 22.08.2024 passed in WP.No.40760 of 2017 whereby the writ petition filed by the petitioners (respondents herein) had been allowed. 2. The case of the appellants in the present appeal is that the judgment and order impugned to the extent it orders the extension of the mid day meal scheme to the students of classes Vi 11 to .X runs contrary to the policy document, which envisages the mid-day meal scheme to extend to students only up to class Vli. 2 HG & RGJ WA_1044_2024 respondents, however, has drawn attention to G.O.Rt.No.209, dated 24.03.2008, which clearly specifies that the mid-day meal scheme also has been in all the High Schools of 737 educationally backward It IS stated by learned counsel for the question are situate in covered under G.O.Rt.No.209. 3. Learned counsel for the our extended to students of classes IX & X Mandals. respondents that the schools in a educationally backward Mandal and therefore, are 4. Learned counsel for the appellants has as to how despite G,O.Rt.No.209, could be denied to the petitioners not been able to satisfy the scheme of the mid-day meal scheme US - respondents herein. 5. Having heard learned opinion that notwithstanding the fact that the j Judge was not drawn to the G.O.Rt. counsel for the parties we are of the attention of the learned single No.209, yet the petitioners, on the face of it, are entitled to the benefit of the same inasmuch as they are situate in a educationally backward Mandal, the petitioners (respondents herein). as has been stated by learned counsel for 6. For the reasons mentioned above present Writ Appeal, which i we do not find any merit in the IS accordingly dismissed. No order as to costs. 3 HCJ & RC,J WA_1044 2024 Miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, I 1. SECTION OFFICER One CC to Sri C Sunil Kumar Reddy, [OUT^'^® Education Two CD Copies Advocate [OPUC] High Court of Andhra Pradesh. 2. 3. RAM HIGH COURT DATED:27/01/2025 I 0 5 FEB 2025 m ^ . Current Section . ^ ORDER WA.No.1044 of 2024 DISMISSING THE WRIT APPEAL WITHOUT COSTS