IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 1079 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the orders dated 19-11-2024 in IANo.3 of 2024 in W.P.No.20553 of 2024 on the file of the High Court. Between: Smt.Marri Venkateswaramma, W/o Venkatanarayana, Working as Cooking Agent, aged about 51 years, Z.P. High School, Cheruvu Jammaulapalem, Bapatia Mandal, Bapatia District Jammaulapalem Village, Bapatia Mandal, Bapatia District, A.P-522113. ...APPELLANT/PETITIONER R/o Door No. 6-235/A, Cheruvu AND The State of A.P., rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatia District, Bapatia. 3. The District Educational Officer, Bapatia District, Bapatia. 4. The Mandal Educational Officer, Bapatia Mandal, Bapatia, Bapatia District. 5 The Head Master, Z.P. High School, Cheruvu Jammaulapalem, Bapatia Mandal, Bapatia District. 6. School Management Committee(SMC), Rep. by its Chairman Boina Nagaraju, Z.P. High School, Cheruvu Jammaulapalem, Bapatia Mandal, Bapatia District. 1. % 7. Smt. Boina Jyothi, W/o Boina Krishnamraju, age not known to the petitioner Masjeed road, Cheruvu Jammulapalem Village, Bapatia Mandal, Bapatia District. 8. The Revenue Divisional Officer, Bapatia Division, Bapatia, Bapatia District. 9. The Tahsildar, Bapatia Mandal, Bapatia District. The Mandal Parishad Development Officer, Bapatia Mandal, Bapatia District. 10. ...RESPONDENTS/RESPONDENTS 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 order dated 19-11-2024 in I.A.No.3 of 2024 in W.P.No.20553 of 2024 and direct the 5‘^ respondent to continue the Appellant/Petitioner as Cooking Agent in Z.P.High School, Cheruvu Jammulapalem, Bapatia Mandal, Bapatia District. Counsel for the Appellant: SRI D. KASIM SAHEB Counsel for the Respondent Nos.1 to 5: Counsel for the Respondent Nos.6 & 7;— GP FOR SCHOOL EDUCATION Counsel for the Respondent Nos.8 & 9: GP FOR REVENUE Counsel for the Respondent No.10: SRI MATTEGUNTA SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: JUDGMENT Bench Sr.No:-2 [3446] APHC010594352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO; 1079 of 2024 ...Appellant Smt. Marri Venkateswaramma Vs. ...Respondents The State of A P and others •kifkidtick*** Mr. D Kasim Saheb Advocate for Appellant GP for School Education for R.1 to R.5 GP for Revenue for R.8 & R.9 Mr. Mattegunta Sudhir (Standing Counsel ForZ.P.Ps,M.P.Ps, Gram Panchayats) for R.10 Advocate(s) for Respondent(s): CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 2"^* January, 2025 DATE PC; The present writ appeal has been preferred against the order, dated 19.11.2024 passed in lA.No.S of 2024 in WP.No.20553 of 2024. A three-member committee which consisted of the Mandal Educational Officer, Bapatia, the Tahsildar, Bapatia and the Mandal Parishad Development Officer, Bapatia, accepted the resolution, dated 05.09.2024 passed by the school management committee of Zilla Parishad High School, Cheruvu Jammulapalem in Bapatia District, recommending the removal of the petitioner as agency for serving mid-day meals and to appoint Mr. Boina Jyothi in her place. 2. 2 HSJ & RRR.J WA 1079 2024 The genesis of the termination of the engagement of the petitioner (appellant herein) as an agency for the mid-day meal scheme lies in two notices which were issued by the Head Master of Zilla Parishad High School, Cheruvu Jammulapalem whereby the petitioner was informed that the meals provided by her were not in accordance with the menu fixed by the Government and that the preparation was even otherwise not tasty. 3. It appears from the record that the petitioner did submit her response to the said notices even when the said notices were not in the shape of a show- cause notice but were only attempting to inform the petitioner about the deficiencies in the meals prepared by her. It appears that finally the management of the said school passed a resolution which was accepted by the three-member committee as stated hereinabove discontinuing the arrangement of the petitioner as the agency and appointing respondent No.7 as the agency to provide the mid-day meals in the said school. The learned single Judge, by virtue of the order impugned. 4. dismissed the application on the ground that the petitioner had failed to establish that the school management had no power to terminate the services of the petitioner. 3 HCJ & RRR,J WA 1079 2024 5. However, having gone through the record, we find that principles of natural justice have clearly been violated inasmuch as no show-cause notice was ever issued to the petitioner requiring the petitioner to show cause as to why the appointment of the petitioner as an agency to provide the mid day meals be not discontinued or terminated. The notices on record suggest that they were only notices pointing out the deficiencies in the preparations made by the petitioner. 6. We are of the opinion that the management committee of the school ought to have given a proper show-cause notice to the petitioner (appellant herein) as also sought her explanation on the proposed action including termination of her arrangement as such, which is conspicuously missing in the present case. We, therefore, allow the present Writ Appeal and permit the 7. respondent authorities to serve upon the appellant a show-cause notice within one week from today. However, the arrangement made by the official respondents in appointing respondent No.7 shall continue till such time as the show-cause notice is issued and the reply is considered and appropriate orders are passed thereupon. The entire process should be completed within one month from today. The order impugned in the present appeal is accordingly set aside. No order as to costs. 4 HCJ & RRR,J WA 1079 2024 Miscellaneous applications pending, if any, shall stand closed. SD/- E.KAMESWARA RAO JOINT REGISTRAR I I //TRUE COPY// S^eTn5NOFFICER To 1. The Principal Secretary, School Education Department, State of A.P., Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatia District, Bapatla. 3. The District Educational Officer, Bapatla District, Bapatla. 4. The Mandal Educational Officer, Bapatla Mandal, Bapatla, Bapatla District. 5. The Head Master, Z.P. High School, Cheruvu Jammaulapalem, Bapatla Mandal, Bapatia District. 6. The Revenue Divisional Officer, Bapatla Division, Bapatla, Bapatla District. 7. The Tahsildar, Bapatla Mandal, Bapatla District. 8. The Mandal Parishad Development Officer, Bapatla Mandal, Bapatla District. 9. One CC to Sri D. Kasim Saheb, Advocate [OPUC' 10. One CC to Sri Mattegunta Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 11. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 12. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 13. Three CD Copies. ssb -'.v '■' V' -T HIGH COURT f *-V DATED:02/01/2025 JUDGMENT WA.No.1079 of 2024 AN65^ 1 o 5 1 7 JAN 2025 Current Section . ^ ALLOWING THE W.A. WITHOUT COSTS