HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard Sri R. Anurag, learned counsel for the petitioner, learned Government Pleader for School Education appearing for respondent Nos.1 to 5 and Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent No.6.

2. Petitioner is a School, established about forty (40) years back. It is being run by Sri Balaji Educational Society which is a society registered under the Registration of Societies Act bearing registration No.694 of 1985, dated 12.04.1985. There are 2,400 students and also 150 employees including teachers as on today.

3. It is contended by the petitioner that since 1997, the petitioner-school was granted recognition/extension of temporary recognition in respect of classes VI to X (English Medium), the latest being for the years 2006-07 to 2025-26 vide proceedings, dated 05.02.2015 by respondent No.3. The petitioner-school has also extension of temporary recommendation for the period from 2016-17 to 2025-26, dated 27.12.2014 issued by respondent No.4. According to the petitioner, there are no lapses on its part.

4. While the things stood thus, one Mr. Sultan Mahmmod Ali has submitted a representation to respondent No.4 stating that the petitioner is running a school without producing No Objection Certificates of Fire Department and Traffic Department etc. It is also collecting exorbitant fees, which is in violation of the fee Structure prescribed by the Government. On receipt of the said complaint, respondent No.4 herein requested respondent No.5 to go through the contents of the same, conduct enquiry and submit a report. On receipt of the said representation, respondent No.4 has issued letter, dated 01.09.2022 requesting the petitioner to submit copies of the same. Petitioner-school has submitted a representation, dated 16.09.2022. Thereafter, respondent No.4 requested respondent No.5 to conduct enquiry and submit a report.

5. In compliance with the said order, respondent No.5 has submitted the report, dated 24.09.2022. In the said report, he has categorically stated that he sought information from the petitioner-school with regard to the following aspects:

“1) No objection certificate from the Fire Service Department

2) No objection certificate from Traffic Police

3) PTO & ETR Copy

4) Occupancy Certificate

5) Structure Soundness Certificate of the school building/premises

6) An Administrative report and audited statement of the accounts of the school duly attested by the charted account

7) Details of the pay structure and fee structure fixed by the governing body submitted and get it approved in the DEO, Hyderabad District

8) An affidavit to the effect that there is no deviation or violation of norms/rules prescribed by the government time to time.

9) Class wise permission to enhance section for each

10) List of total number of qualified staff appointed.”

6. He has stated that the petitioner Management informed respondent No.5 that during the lockdown due to termite infection in the school, several papers were damaged and it is sorting and salvaging all the documents filed. But, the petitioner has submitted copies of ETR and PTO, Structure Certificate of the school building/premises and the details of pay structure and fee structure.

7. He has further stated that the Correspondent of the petitioner did not come in contact during the visits and the other administrative persons, Sri Dhanraj and Smt. Anwarunnisa spoken with them. Thus, according to him, petitioner management failed to submit the required information as desired by the Department in the light of the Central Child Rights Commission orders. He has also stated that the petitioner-school has already filed a suit against Sri Sultan Mahmood Ali for recovery of fee and it is pending. Therefore, he requested respondent No.4 to take action against the petitioner-School.

8. It is also relevant to note that respondent No.4 has not taken any action pursuant to the report, dated 24.09.2022. Therefore, the said Mr. Sultan Mahmood A