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2025 DAILYLAW 35385 (AP)

DASARI JOSHUA KUMARI v. THE STATE OF AP

WP/29247/2024 · 2025-02-21

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29247 OF 2024 Between: Dasari Joshua Kumari, W/o. The Rt.Rev.Dr.T.George Cornelious, aged 60 years, Occ; Correspondent, Sharkey Memorial High School For Girls, Machilipatnam, Krishna District, R/o. Door No.29-19-87/3, Bishop Azaraiah School, Guest House, Labbipet, Vijayawada, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The District Collector, Machilipatnam, Krishna District. 3. The Commissioner and Director of School Education of A.P., School Education, B-Block, Anjaneya Towers, Mylavaram Road, Ibrahimpatnam Post, NTR District, Andhra Pradesh. 4. The District School Educational Officer, Vijayawada, N.T.R. District Andhra Pradesh. 5. The District Educational Officer, Machilipatnam, Krishna District. 6. The Deputy Educational Officer, Machilipatnam Division, Krishna District, Andhra Pradesh. 7. The Deputy Educational Officer, Gudivada, Krishna District, Andhra Pradesh. 8. The Mandal Educational Officer, Machilipatnam. Krishna District, Andhra Pradesh. 9. R. Prem Kumar, R/o. 3-56/1, Vasumathi Nilayam, Syndicate Bank Officers Colony, Ballemvari Street, Ramavarappadu, Vijayawada - 521 - 108. ■t' \ ■ *10. Unnuru Anurudrudu, R/o. 3-56/1, Vasumathi Nilayam, Syndicate Bank Officers Colony, Ballemvari Street, Ramavarappadu, Vijayawada - 521 108. ...Respondents 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 order, writ or direction more particularly one nature of Writ of Mandamus declaring the highhanded action of the Respondent No.4 in issuing impugned letter vide Letter RC.3451/C3/2024 in the dated 02.11.2024 to the Respondent No.5 directing to take action against the petitioner herein and also assailing the highhanded Respondents No.5 and No.6 in action of the issuing impugned Orders vide Rc.No.47/B4/2024 dated 23.11.2024 and Orders vide R.C.No.184/A1/2024 dated 30.11.2024 respectively for appointing of three-men committee to enquire as well as to submit detailed report and directing the petitioner to attend the enquiry in pursuant to said Letter Rc.3451/C3/2024 dated 02.11.2024, without giving any show-cause notice or conducting preliminary investigation or providing opportunity to the petitioner for explanation, as illegal, arbitrary, colourable following due process of law, in violation of Doctrine of Legitimate Expectation, in violation of Principles of Natural Justice of Articles 14, 19(1)(g) and 21 of the Constitution of India set aside the Letter RC.3451/C3/2024 dated 02.11.2024 orders vide Rc.No.47/B4/2024 dated 23.11.2024 and R.C.No.184/A1/2024 dated 30.11.2024. giving her exercise of power, without and also in violation and consequently and its subsequent MA 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 impugned Letter Rc.3451/C3/2024 dated 02.11.2024 and its subsequent impugned orders vide Rc.No.47/B4/2024 dated 23.11.2024 and R.C.No.184/A1/2024 dated 30.11.2024 by stopping the enquiry pending disposal of the above main writ petition. Counsel for the Petitioner: SRI. RAMESH BABU TATAPUDI Counsel for the Respondent Nos. 1, 3 to 8: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent Nos. 9&10: - The Court made the following order: THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29247 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: " to issue order, writ or direction more particularly one in the nature of WRIT. OF MANDAMUS declaring the highhanded action of the Respondent No.4 in issuing impugned letter vide Letter RC.3451/C3/2024 dated 02.11.2024 to the Respondent No.5 directing to take action against the petitioner herein and also assailing the highhanded action of the Respondents No.5 and No.6 in issuing impugned Orders vide Rc.No.47/B4/2024 dated 23.11.2024 and Orders vide R.G.No.184/A1/2024 dated 30.11.2024 respectively for appointing of three-men committee to enquire as well as to submit detailed report and directing the petitioner to attend the enquiry in pursuant to the said Letter RC.3451/C3/2024 dated 02.11.2024, without giving any show- cause notice or conducting preliminary investigation or providing opportunity to the petitioner for giving her explanation, as illegal, arbitrary, colourable exercise of power, without following due process of law, in violation of Doctrine of Legitimate Expectation, in violation of Principles of Natural Justice and also in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently set aside the Letter Rc.3451/C3/2024 dated 02.11.2024 and its subsequent orders vide Rc.No.47/B4/2024 dated 23.11.2024 and R.C.No.184/A1/2024 dated 30.11.2024 and pass such other order or orders " 1 1 2. The Writ Petition is filed aggrieved by the highhanded action of the 4*'^ respondent in issuing the impugned letter vide Rc.3451/C3/2024 dated 02.11.2024 to the 5^*^ respondent directing to take action against the petitioner herein and also assailing the highhanded action of the respondent Nos.5 and 6 in issuing impugned orders vide Rc.No.47/B4/2024 dated 23.11.2024 and the orders vide 2 R.C.NO.184/A1/2024 dated 30.11.2024 respectively for appointing of three-men committee to enquire as well as to submit a report. 3. Learned counsel for the petitioner would submit that subsequent to filing of the Writ Petition, the petitioner herein has resigned from the post of Correspondent and the Writ Petition has rendered infructuous. 4. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto. Interlocutory Applications pending, if shall stand closed. any. Sd/- A. VENUGOPALA RAO ASSISTANTREGISTRAR //TRUE COPY// gr SECTION OFFICER (T To 1. One CC to Sri. Ramesh Babu Tatapudi Advocate [OPUC] 2. Two CCs to GP for School Education, High Court Of Andhra Pradesh. [OUT] 3. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 4. Three CD Copies GSC HIGH COURT DATED:21/02/2025 ORDER WP.No.29247 of 2024 DISMISSING OF THE WP AS INFRUCTUOUS WITHOUT COSTS