C. Y. SOMAYAJULU, J. ( 1 ) MEMO dated 17-11-2004, removing the petitioner from the Chairmanship of School Education Committee, on the ground that none of his children is studying in the school, is impugned in this petition, by the petitioner. ( 2 ) THE contention of the learned counsel for the petitioner is that since sub- rule (2) of Rule 10 of the A. P. School education (Community Participation) Rules, 1998 (the Rules), specifically lays down that procedure prescribed in Rule 8 has to be followed in case of recall, and since the procedure for recall of a Member and/or chairman prescribed in Rule 8 of the Rules is admittedly not followed, removal of the petitioner from the Chairmanship of the parent Teacher Association of the school by the impugned memo is liable to be set aside. The contention of the learned government Pleader is that no child of the petitioner admittedly is studying in the school and since Section 5 (4) of the A. P. School education (Community Participation) act, 1998 (the Act) clearly lays down that a parent member shall cease to be a member when he has no child enrolled in the school, or recalled by the Parent-Teacher association in the manner prescribed, and since as per Rule 10 of the Rules, a parent member of the School Committee/ panchayat Education Committee/mandal education Committee/or of a District education Committee shall cease to be a member automatically on suffering any of the disqualification enumerated in Section 5 (4) of the Act, disqualification incurred by the petitioner, when no child of his is studying in the school, is automatic, and since this is not a case of recall of the petitioner question of following the procedure prescribed by the Rule 8 of the Rules does not arise and contends that since third respondent was elected after due notice to the members of the committee, petitioner is not entitled to any relief. ( 3 ) THAT no child of the petitioner was studying in the school by the date of the order impugned is an admitted fact. As per Section 5 (4) of the Act a parent member shall cease to be a member when he has no child enrolled in the school. ( 3 ) THAT no child of the petitioner was studying in the school by the date of the order impugned is an admitted fact. As per Section 5 (4) of the Act a parent member shall cease to be a member when he has no child enrolled in the school. As per Rule 10 of the Rules, a parent member shall cease o be a member automatically when he suffers a disqualification enumerated under Section 5 (4) of the Act. Since no child of the petitioner was studying in the school his cessation-was automatic. Since recall is different and distinct from incurring disqualification for a child not studying and since procedure prescribed by Rule 8 of the Rules has to be followed only in case of a recall, but not in case of automatic cessation, petitioner cannot be heard to say that non-compliance with Rule 8 of the rules would invalidate the memo impugned. ( 4 ) IN re the election of third respondent, by the notice dated 2-11-2004, the Mandal Education Officer informed that since no child of the petitioner is studying in the school, he incurred disqualification and consequently is removed from the chairmanship of the Committee and in his place a parent, whose son is highest scorer in 4th class, is appointed as a member of the committee as per the Memo No. 13194/ prog. 11. 2/2003-1 dated 26-8-2003 of the government and that a meeting of the committee would be held on 17-11-2004 for electing a Chairman of the Committee. The proceedings show that majority of the members present at the meeting elected the third respondent as Chairman of the committee. ( 5 ) THE contention of the learned counsel for the petitioner that since the memo dated 26-8-2003 relates to the year 2003, but not to the year 2004, it does not apply to the year 2004 has no force because there is nothing in the said memo to show that its life is for only one year and since no document either cancelling or amending that memo is brought to my notice. ( 6 ) FOR the above reasons, petitioner is not entitled to any relief. ( 7 ) HENCE, the petition is dismissed. No costs.