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High Court of Andhra Pradesh · body

2025 DAILYLAW 5753 (AP)

L Varun Gandhi v. The State of Andhra Pradesh,

WP/2784/2025 · 2025-02-07

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

a I 8 ■ IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) ✓ FRIDAY, THE SEVENTH DAY OF FEBRUARY M TWO THOUSAND AND TWENTY FIVE PRESENT the HONOURABLE SRI JUSTICE SUBBA WRIT PETITION NO- 2784 OF :: AMARAVATI o It ( > or. *0 .A REDDY SATTI Between: L Varun Gandhi, .S/o Babu Rajasekharam, Aged 37 years, Occ SA (PE) (Renroved) O/o GHS Kotturu Shkakulam, R/o 1-131, Navagam (V) (P) Palakonda (M) Parvathypuram Manyam Srikakulam ...PETITIONER, AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of School Education,, Venkatadri Towers, Mangalagiri, Amaravathi 3. The Regional Joint Director, School Vishakhapatnam 4. The District Educational Officer, Srikakulam School Education Department, \ Guntur Education Department , Srikakulam district. ...respondents _ Petition under Article 256 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue an order, writ or direction, nature of WRIT OF MANDAMUS the High Court may more particularly one in the declaring the proceeding issued by 4*^ respondent vide Comp.Rc.No.E-147183/Ser-V/2024 dated 23.12.2024 imposing major punishment of removal from service against petitioner per rule (IX) of 9 APCCA Rules 1991 without going in to the factual Of studying Ph.D as aspects uniust H ■ , unauthorized absence is illegal arbitrary unjust and violative of Art 14 and 21 of the Constitution of India and .. consequently directing the respondents to reinstate the petitioner in to service by taking consideration of his request on factual aspects of pursuing Ph.D. course (i) set aside the proceeding issued by 4th respondent vide Comp.Rc.No.E-147183/Ser-V/2024 dated 23.12.2024 (ii) Regularize the period that was spent by petitioner from removal of service to reinstate of service. ^ lA NO: 1 OF 2025 ^ 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 proceeding issued by 4*^ respondent vide Comp.Rc.No.E-147183/Ser-V/2024 dated 23.12.2024 pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI PAMARTHY RATHNAKAR ^ Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES III The Court made the following: ORDER APHC010050762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY. THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2784/2025 Between: 1.L VARUN GANDHI, .S/0 BABU RAJASEKHARAM AGED 37 YEARS OCC. SA (PE) (REMOVED) 0/0 GHS KOTTURU SRIKAKULAM R/0 1-131, NAVAGAM (V) (P) PALAKONDA (M) PARVATHYPURAM MANYAM SRIKAKULAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. EDUCATION DEPARTMENT, SCHOOL 2.THE COMMISSIONER OF SCHOOL EDUCATION, SCHOOL VENKATADRI TOWERS, EDUCATION DEPARTMENT. MANGALAGIRI, AMARAVATHI, GUNTUR 3.THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION DEPARTMENT, VISHAKHAPATNAM 4.THE DISTRICT EDUCATIONAL OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT. ...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 proceeding issued by 4th respondent vide Comp.Rc.No.E-147183/Ser-V/2024 dated 23.12.2024 imposing major r7^ SRS,^ W.P.No.2784 of 2025 punishment of removal from service against petitioner as per rule (IX) of 9 APCCA Rules 1991 without going in to the factual aspects of studying Ph.D course and unauthorized absence is illegal arbitrary unjust and violative of Art 14 and 21 of the Constitution of India and consequently directing respondents to reinstate the petitioner in to service by taking consideration of his request on factual aspects of pursuing Ph.D. course (i) set aside the proceeding issued by 4th respondent vide Comp.Rc.No.E-147183/Ser-V/2024 dated 23.12.2024 (ii) Regularize the period that was spent by petitioner from removal of service to reinstate of service and lA NO: 1 OF 2025 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 may be pleased to suspend the proceeding issued by 4th respondent vide Comp.Rc.No.E-147183/Ser-V/2024 dated 23.12.2024 pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following: the pass :: ORDER :: The above writ petition is filed impugning the proceedings vide Comp.Rc.No.E-147183/Ser-V/2024, dated 23.12.2024 (Ex.P9) issued by respondent No.4, as illegal and arbitrary. 2. Heard Sri P. Rathnakar, learned counsel for the petitioner Sri Sarath, learned Assistant Government Pleader for Services - II appeared for the respondents. 3. At the hearing, learned counsel for the petitioner would submit that against the proceedings issued by respondent No.4, the petitioner filed a and SRS.J W.P.No.2784of2025 Statutory appeal before respondent No.3 on 27.12.2024. Learned counsel further confined and urged to direct respondent No.3 to dispose of the appeal filed by the petitioner. 4. Learned Assistant Government Pleader for Services while not disputing about the filing of an appeal by the petitioner on 27.12.2024, would submit that respondent No.3 will dispose of the appeal filed by the petitioner. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondent No.3 to dispose of the appeal filed by the petitioner on 27.12.2024, within six (06) weeks, strictly as per the Rules. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- Nl RANIESH BABU deputy registrar //TRUE COPY// Officer SE To 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of School Education, School Education Department, Venkatadri Towers, Mangalagiri, Amaravathi, Guntur 3. The Regional Joint Director, School Education Departmentf^ Vishakhapatnam 4. The District Educational Officer, Srikakulam 5. One CC to Sri Pamarthy Rathnakar, Advocate [OPUC] 6. Two CCs to GP for Services-lll, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. Srikakulam district ssb HIGH COURT DATED:07/02/2025 ORDER WP.No.2784 of 2025 ^ 0 3 MAR 2025 m) ^ . Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS