The right to education is a fundamental right and it is the mandatory duty of the State to provide adequate opportunities to advance the economic and educational interest of the weaker sections of the society by establishing schools.

( 1 ) THE Shashikanth Educational Society, a registered Society, was started by Sri S. Tulasidas, a Schedule Caste young Advocate and D. Murali- krishna Public School was established by the said society at Champapet, outskirts of the City, in Rangareddy District and the wife of Sri S. Tulasidas, smt. S. Devaki is the Secretary and Correspondent of the said school.

( 2 ) IT was started in the year 1982 for imparting education with english medium to the children belonging to Scheduled Caste and Scheduled tribe, for short dalits , living in Champapet village. They are either rickshaw pullers or daily wage earners. The petitioner-Institution claims to be having 122 children and in the year 1983-84 by proceedings of the Regional joint Director of School Educacation, Hyderabad, dated March 19, recognition was granted for Classes I and II. In fact, the institution is running the school at present with Classes I to IV and L. KG. and U. KG. The petitioner made a request for the recognition of the said school, Instead of recognising it, a show cause notice dated February 27, 1985 was issued to the petitioner- institution calling upon it why the temporary recognition granted should not be withdrawn. Assailing the legality and jurisdiction to issue the said show cause notice, the present Writ Petition has been filed seeking Writ of Mandamus to declare the show cause notice dated February 27, 1985 as null and void and without jurisdiction and to direct the first respondent to grant recognition.

( 3 ) COUNTER-AFFIDAVIT has been filed by the respondents stating that the petitioner has been collecting tuition fees at the rate of Rs. 20/- per student and it is not being accounted for; that a complaint was lodged and pursuant thereto the Police have seized all the record; that a joint inspection was sought to be made by the Deputy Director of Social Welfare and the District educational Officer but they were prevented to make the Inspection raising slogans to withdraw the G. O. issued by the Government and so it became impossible for them to make inspection; that the petitioner has not been maintaining any regular registers or accounts of the amounts drawn; and that a sum of Rs. 28,560-00 was released towards tution fees for 119 students for the year 1983-84 for two terms. Since the petitioner has not complied with the conditions imposed in G. O. Ms. No. 181 dated May 15, 1984 for according recognition, sanction of re-imbursement of tution fee cannot be granted and recognition cannot be granted.

( 4 ) THE respondents filed an application for vacating the stay and it came up on December 28, 1985. At that time after going through the allegations made in the counter-affidavit, I appointed Sri G. Bikshapathy, advocate of this Bar, as Commissioner to make personalinspection of the school, record statements of the parents, inspect the school records and then submit a report. Accordingly Sri G. Bikshapathy has filed his report on january 22, 1986. In the report, the learned Commissioner has stated that the school is situated in Harijanawada, that the mothers of the children were sent. He examined them at the school. At the time of his inspection, he found 167 students including 67 students in L. KG and U. KG in the school, that there are four teachers including a Headmistress, that one Aya was engaged to bring the children to the school, that there are 27, 28, 20 and 24 children respectively in Classes I to IV, that it is an English medium school and that all the parents of the children are either rikshaw pullers or daily wages coolies. The parents have stated that Sri S. Tulasidas or Smt. Devaki are not collecting any tuition fees from them that the institution is being run by collecting donations from philanthropists, that for want of funds salaries were not paid to the teachers and that progress cards of the studends are also maintained by the school He further stated in his report that he also inspected the records seized by CB. C