ORDER :

1. The present writ petitions arise out of common set of facts. Therefore, they are decided vide the following common order.

2. Heard Mr.Ch.Samson Babu, learned counsel for the petitioner in W.P.No. 45940 of 2022 and respondent No. 5 in W.P.No. 3372 of 2023; Mr.Ali Faraz Farooqui, learned counsel for the petitioner in W.P.No. 3372 of 2023 and respondent No. 5 in W.P.No. 45940 of 2022; and learned Government Pleader for School Education appearing on behalf of the official respondents in both writ petitions.

3. W.P. No. 45940 of 2022 is filed challenging the proceedings issued by the District Educational Officer, Hyderabad vide RC. No. 321/HRC/B3/2022 dated 30.11.2022 as illegal, and violative of Articles 14 and 30 of the Constitution of India. Likewise, W.P. No. 3372 of 2023 is filed seeking a direction against Respondent No. 5 therein to implement the orders in RC No. 321/HRC/B3/2022 dated 01.12.2022 issued by the District Educational Officer, Hyderabad.

(For the sake of convenience, the parties are referred to as they are arrayed in W.P. No. 3372 of 2023)

Facts of the case:

4. The Petitioner (represented by his father) in W.P. No. 3372 of 2023 is a minor student who was studying in Class III of Respondent No. 5 (hereinafter referred to as ‘Respondent school’). According to the Petitioner, due to the on-set of Covid-19 pandemic, he could not pay the school fee. As such, he was denied to attend online classes of Class III by the Respondent School. Thereafter, the Petitioner paid the school fee. However, the Respondent School did not permit him to appear for the final exams of Class III on the ground that he did not have requisite attendance. The Respondent School did not promote him to Class IV and detained him in Class III.

5. Aggrieved by the action of the Respondent School in not promoting the Petitioner, his father lodged a complaint with the Telangana State Human Rights Commission (hereinafter referred to as ‘TSHRC’) and a case bearing H.R. Case No. 3242 of 2022 dated 05.08.2022 was registered against the Respondent School. The TSHRC communicated the matter to the District Educational Officer to take action and submit a report.

6. The District Educational Officer in-turn requested the Deputy Educational Officer to submit a report after conducting an enquiry in relation to H.R. Case No. 3242 of 2022 dated 05.08.2022. The Deputy Educational Officer issued a show cause notice dated 26.09.2022 to the Respondent School seeking a reply as to why contrary to the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as ‘the Act, 2009’) the Petitioner student was being detained in Class III and not being promoted to Class IV.

7. Since no reply was received from the Respondent School, another reminder show cause notice dated 25.10.2022 was issued by the Deputy Educational Officer. The Respondent School replied to the said show cause notice stating that the Petitioner student had not attended any classes and did not appear for any of the internal tests and examinations. Further, the Respondent School stated that the Act, 2009 is not applicable to minority institutions like itself.

8. Recording the stand taken by the Respondent School, the Deputy Educational Officer submitted an enquiry report dated 27.10.2022 to the District Educational Officer concluding that the management of the Respondent School ‘ is giving irrelevant answers not justiciable as per the rules in vogue’.

9. Based on the enquiry report, the District Educational Officer issued proceedings dated 30.11.2022 stating that the Act, 2009 is applicable to all schools including unaided minority institutions like the Respondent School and directed the Deputy Educational Officer to issue notice to the Respondent School to promote the Petitioner Student to Class IV as per Section 16 of the Act, 2009.

10. The Respondent School has challenged the said proceedings dated 30.11.2022 in W.P. No. 45940 of 2022.

11. Thereafter, proceedings dated 01.12.2022 we