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2023 DIGILAW 685 (TS)

Ramachandra High School v. State of Telangana

2023-10-03

SUREPALLI NANDA

body2023
ORDER : Heard the learned senior designated counsel Mr Pratap Narayan Sanghi appearing on behalf of the petitioner and the learned Government Pleader for School Education appearing on behalf of the respondents. 2. The case of the Petitioner as per the averments made by the petitioner in the affidavit filed in support of the present writ petition, in brief, is as follows : a) The petitioner’s grandfather late Sri. Ramchander Agarwal opted for Kothagudem Town, which was an agency area and started a school under a tin shed, in his own land and the Singareni Collieries who was the original lessee for the entire agency area offered land to petitioner’s grandfather for starting the institution. Originally, he started the institution with a school and subsequently expanded the institution with three different branches, one a co-education school, secondly an exclusive girls school, and thirdly an exclusive boys school. Thereafter, he decided to start a college and consequently in the year 1964, he started a degree college. b) Thereafter, the petitioner has also dedicated his services for uplifting of the said area and the institutes. Keeping the agency area in mind and also having foresightedness, the petitioner’s Grand-father and father from the beginning of the Institute was concentrating to provide education in English Medium. More so, while running institution in Telugu Medium, the petitioner was simultaneously running English Medium institution for past more than 70 years without any obstruction. A parallel section for English medium education was started by the Institute and the same was permitted by the then Competent Authority vide various proceedings. c) Since 1962 onwards the Petitioner Institute was running the institute in both English Medium as well as in Telugu Medium. Subsequently, the Telangana Education Act, 1982 came into force on 27.01.1982 wherein Section 22 protects the right and privilege of all the Educational institutions which was in existence prior to coming into force of the Telangana Education Act, 1982. d) As there was no demand for Telugu Medium admissions, the petitioner was pursuing with the Department to either transfer the Telugu Medium Teachers to English Medium or to accommodate them in other institutes in public interest and this issue had caused some problem among the Teachers Union and thereby the 2nd Respondent issued the Proceedings to take their permission which is in contrary to law. Furthermore, there are around 324 students studying in English Medium and there are 14 teaching staff and 7 non-teaching staff. e) Thereafter, the 4th and 5th Respondents in a highhanded manner refused to accept nominal rolls of Class X students for the year 2020-21 wherein, the same being Board Examination. Thus, the petitioner approached the 2nd Respondent so that with his intervention the students could write the examination. However, the 4th Respondent issued a Press Note on 30.11.2021 informing the public that the petitioner’s institution is having no recognition, which is absolutely erroneous and contrary to the evidence on record. More so, the Respondent Nos. 4 & 5 have no jurisdiction, power or authority to break the issue of recognition. Hence, this Writ Petition. 3. Vacate Stay Petition is filed by the 4th Respondent in I.A. No.1 of 2022 in W.P. No. 33938 of 2021 praying to vacate the interim order granted by this court vide dated 15.12.2021 in I.A. No.1 of 2021 in W.P. No. 33938 of 2021 and dismiss the Writ Petition 4. Counter Affidavit filed by the Respondent No. 4, in brief, is as under: a) The petitioner’s grandfather started Telugu medium institution only, subsequently without obtaining any recognition for English medium the petitioner is running the school. The Petitioner completely closed Telugu medium which was an aided institution and in view of closure of Telugu medium during 2019, aided staff were temporarily adjusted needy schools on work adjustment basis. b) The petitioner obtained only opening permission for parallel section for one year as per the proceedings of Director of Public Instruction, AP, Hyderabad Rc.No.1111/B1/66, dated 05.09.1969, and the Proceedings of Director of Public instruction A.P, Hyderabad Rc.No. 1111/B1/66, dated 25.09.1971 and the Petitioner school obtained renewal of recognition from VI to X Class Telugu Medium for girls during 2009-2010 to 2018-2019 Academic year vide proceeding of the Regional Joint Director of School Education, Warangal, in Proceedings Rc.No. B2/B1/2009, dated 16.11.2009, in the name Sri Ramachandra Aided High School (Girls), Kothagudem. Thereafter, the petitioner has not sought any renewal for Telugu Medium and closed it completely. As such all aided Teachers were posted to other schools. Thereafter, the petitioner has not sought any renewal for Telugu Medium and closed it completely. As such all aided Teachers were posted to other schools. c) The Petitioner obtained separate recognition for English Medium from class 1st to 7th class vide Proceedings of the 4th Respondent in Rc No.626/B4/PR/2016, dated 14.07.2017, for the year of 2016-2017 to 2020-2021 in the name of the Sri Ramachandra Upper Primary School (EM), Durjan Basthi, Kothagudem. The petitioner has not applied for renewal and running the school without any renewal. d) While the matter stood thus, petitioner also started VIII to X class without obtaining any permission for upgrading the school and without applying for renewal of recognition, which was expired during the academic year 2020-2021. Therefore, the contention that petitioner is running the English medium as well as Telugu Medium, hence as per section 22 of Education Act, 1982 and he need not obtain recognition is not correct. The Petitioner having obtained separate recognition for Telugu Medium and English Medium now he cannot run English Medium School by closing the Telugu Medium School. e) It is not the case of the Petitioner that he has obtained initial recognition for both mediums. The 5th Respondent had issued letter No.174/MRC/2021, dated 17.03.2021 and Lr.No.182/Aided Special Officer/LPS/2021, dated 27.04.2021 to the Petitioner asking to submit the proposals. Inspite of these two letters issued to the Petitioner, he had not submitted any proposals with requisite documents as requested. Thereafter, again the 4th Respondent’s office had directed vide Rc. No. 1835/A5/Estt/2021, dated.03.09.2021. f) Pursuant to the same, the 5th respondent had again addressed a letter to the 4th Respondent office on 04.09.2021 stating that inspite of the letters as stated above the petitioner has not submitted any documents. Alongside, the Petitioner stated that Telangana Education Act, 1982 came into force on 27.01.1982 but Section 22 protects the right and privilege of all the educational institutions which was in existence prior to coming into force of the Telangana Education Act is incorrect. In view of this Section the Petitioner Institution has to get recognition for imparting education in the State. g) More so, it is not correct to state by closing Telugu Medium the petitioner can run English Medium without obtaining recognition. In view of this Section the Petitioner Institution has to get recognition for imparting education in the State. g) More so, it is not correct to state by closing Telugu Medium the petitioner can run English Medium without obtaining recognition. The 5th Respondent issued notices to the Petitioner and he failed to submit the reply to the said letters and the same was intimated to the 4th respondent. Thus, basing on which on instructions of the 5th respondents, the office of the 4th Respondent had issued a press note on 30.11.2021 which is just and proper. h) Furthermore, the Petitioner has failed to comply with the provisions of the Education Act, 1982 and with the provisions made there under (Section 22 of the Act) and during academic for the year 2020-2021 in the interest of students, they were allowed to appear for SSC examinations and taking advantages of the same, the Petitioner has again admitted the students. Hence, the writ petition is devoid of merits and is liable to be dismissed. PERUSED THE RECORD 5. The prayer sought for by the petitioner is as under: “to issue a Writ of Mandamus by declaring that the Writ Petitioner is having Recognition for English Medium and no fresh permission for English Medium is required to the Petitioner Institution in view of Section 22 of Telangana Education Act, 1982 and consequently direct the Respondents not to interfere with the Administration and managerial affairs of the Petitioner Institution or insist for any fresh recognition in the interest of justice. 6. The proceedings of the District Educational Officer, Bhadradri Kothagudem District vide Rc.No.1526/A1 /Aided/2019, dated 21.05.2019, read as under: “As per the information submitted by the correspondents, vide ref. 2nd cited, it is found that the pupil strength of the following aided schools is decreasing year by year and at present they are having Zero Enrolment and they have not renewed their recognition for the year 2019-20. 1. SRHS (aided) Main, Kothagudem – Having Permanent recognition but no strength 2. SRHS (aided) Girls, Kothagudem – No recognition from 2019-20 and no strength 3. SRHS (aided) Branch, Kothagudem: No recognition from 2019-20 and no strength. ORDER : In view of the above circumstances, and as per the note orders of the District Collector, Bhadradri Kothagudem Vide ref. 1. SRHS (aided) Main, Kothagudem – Having Permanent recognition but no strength 2. SRHS (aided) Girls, Kothagudem – No recognition from 2019-20 and no strength 3. SRHS (aided) Branch, Kothagudem: No recognition from 2019-20 and no strength. ORDER : In view of the above circumstances, and as per the note orders of the District Collector, Bhadradri Kothagudem Vide ref. 3rd cited, it is decided to utilize the Services of the surplus staff of the above schools in a effective manner under Temporary work adjustment basis to the needy Govt./ZP Management Schools and office as shown below: Sl. No. Name of the Staff Member and Designation Present School Allotted to 01. Smt B.Roopa Kiranmai, SA (Maths) SRHS (G) Kothagudem ZPSS Anadakhani 02. Smt K.Laxmi Bramarambha,SGT SRHS (G) Kothagudem GPS Hanuman Basthi 03. Smt K.Laxmi, SGT SRHS (G) Kothagudem GPS Hanuman Basthi 04. Smt K.Shubhasini,SGT SRHS (G) Kothagudem GPS Hanuman Basthi 05. Smt S.V.Raja Mani, SA(Phy) SRHS (Main) Kothagudem ZPSS Anadakhani 06. Smt T.Padmavathi, SA (Tel) SRHS (Main) Kothagudem GHS Old Kothagudem 07. Smt T.Gyana Kumari, Gr-II(Hin) SRHS (Main) Kothagudem ZPSS Anadakhani 08. Sri M.Rami Reddy, SGT SRHS (Main) Kothagudem GPS Hanuman Basthi 09. Sri V.Sridhar Rao, SGT SRHS (Main) Kothagudem GPS Hanuman Basthi 10. Sri PSSS. Naga Kumar, Drawing SRHS (Main) Kothagudem GHS Old Kothagudem 11. Sri TJSV Prasad, Jr. Asst. SRHS (Main) Kothagudem O/o the DEO, BDD 12. Sri M.Venkatapaiah, Jr.Asst. SRHS (Main) Kothagudem O/o the DEO, BDD 13. Sri Ch Narasimha Chary, RA SRHS (Main) Kothagudem O/o the DEO, BDD 14. Sri P.Ramesh, O.S. SRHS (Main) Kothagudem GHS Babu camp 15. Smt N.Vani Kumari, Gr-II (tel) SRHS (Branch) Kothagudem ZPSS Anadakhani 16. Sri KHR Solomon, SGT SRHS (Branch) Kothagudem GPS Hanuman Basthi 17. Sri NVSR Murthy, SGT SRHS (Branch) Kothagudem GPS Hanuman Basthi These orders are applicable w.e.f. 12.06.2019 until further orders. The correspondent, Sri Rama Chandra High Schools is requested to relieve the above staff members to report at their new stations without fail. Further, he is instructed to claim their salaries duly obtaining Attendance Certificates from time to time. The Head of the Institutions are instructed to admit the above staff members and utilize their services duly issuing Attendance Certificates. Action should be taken accordingly and receipt of these proceedings should be acknowledged. 7. Further, he is instructed to claim their salaries duly obtaining Attendance Certificates from time to time. The Head of the Institutions are instructed to admit the above staff members and utilize their services duly issuing Attendance Certificates. Action should be taken accordingly and receipt of these proceedings should be acknowledged. 7. The proceedings Rc.No.841-B1/61, dated 29.07.1962 of the Director of Public Instruction, read as under: “The Director hereby permits the opening of a parallel section with English Medium in Class X in Sri Ramachandra Higher Secondary School, Kothagudem, during the school year 1962-63, without any additional Financial commitment to Government. 8. The proceedings dated 31.07.1968 vide D.DIS No. 122715 61/67 of the Director of Public Instructions, reads as under: “Permanent recognition is granted to classes I to X of the Sri Rama Chandra Higher Secondary School, Kothagudem from the beginning of the school year 1967-68 as indicated below:- Classes I to VIII under the Integrated Elementary Education syllabus Classes VIII and IX under the Integrated Secondary Education syllabus. Class X under the Integrated H.S.C., syllabus upto 1967- 68 and under the Integrated secondary education syllabus from 1968-69. 2. Temporary recognition is granted to classes XI and XII of the school till the end of the school year 1968-69 an indicated below:- Class XI under the secondary Education syllabus upto 1968-69. Class XII under the Higher Secondary syllabus. 3. The management should immediately rectify the following defects:- i. Separate sanitary conveniences should be provided for boys, girls and the staff. ii. The unqualified teachers should be replaced by qualified persons. iii. The library should be enriched with adequate No. of reference books to the staff and the students.” 9. The proceedings vide Rc.No.453/PS3/2019, dated 13.11.2019, reads as under : “The attention of the Regional Joint Director of School Education, Warangal is invited to the letter read above, wherein he has submitted the proposals for transfer of Grant-in-Aid Posts of Sri Rama Chandra Educational Institutions, Kothagudem, Bhadradri Kothagudem District from the defunct Aided Telugu Medium Sections to Un-aided English Medium parallel sections. In this regard, he is informed that: 1. The Schools in question are having recognition for Aided Telugu Medium Sections. 2. Sri Rama Chandra High School (Main), Kothagudem is not having permission and recognition for Classes I to X Un-aided Parallel English Medium. Hence, the Management has to seek fresh permission as per Rules. 3. In this regard, he is informed that: 1. The Schools in question are having recognition for Aided Telugu Medium Sections. 2. Sri Rama Chandra High School (Main), Kothagudem is not having permission and recognition for Classes I to X Un-aided Parallel English Medium. Hence, the Management has to seek fresh permission as per Rules. 3. The Government Memo.No.5844/SE.Gnl /A2/2016, dt:22.10.2016 and further instructions from time to time pertains to the conversion of Telugu Medium Sections into English Medium Sections in respect of Unaided Private Recognized Schools only and the instructions issued therein are not applicable to Aided Schools 4. As there is no provision in the Rules, the transfer of Grant-in-Aid Posts from the defunct Aided Telugu Medium Sections to Unaided English Medium Recognized parallel sections is not feasible. Hence, the Regional Joint Director of School Education, Warangal is requested to inform the same to the Management and take further action in the matter accordingly and the District Educational Officer, Bhadradri Kothagudem District is requested to utlize the services of defunct Aided Telugu Medium Teachers in the nearby schools as per the need and inform this office about the arrangement made. 10. The order dated 15.12.2021 passed in W.P.No.33938 of 2021, reads as under: “Notice Before Admission. Sri Pratap Narayan Sanghi, learned Senior Counsel appearing for the petitioner/institution, submits that the impugned proceedings dated 22-10-2021 have been issued contrary to the provisions of the Telangana Education Act, 1982 (for short 'the Act'). Learned Senior Counsel further submits that the petitioner/institution was established in the year 1936 and recognition was granted in the year 1962 as per the rules in vogue at that point of time. He also submits that the Act came into force with effect from 26-01-1982 and in terms of Section 22 (l) of the Act, the institutions, which were established prior to such date, shall be deemed to have been recognized. On the other hand, learned Assistant Government Pleader for School Education submits that as per the provisions of the Act, every institution is required to obtain renewal of recognition every ten years. He requests for getting further instructions. In the circumstances, there shall be interim direction to the respondents not to interfere with the administration and management of the petitioner/institution and to accept the nominal rolls for 10th Class students, until further orders. List the matter on 04-01-2022." 11. He requests for getting further instructions. In the circumstances, there shall be interim direction to the respondents not to interfere with the administration and management of the petitioner/institution and to accept the nominal rolls for 10th Class students, until further orders. List the matter on 04-01-2022." 11. Counter affidavit filed by respondent No.4 on behalf of the respondent Nos. 1 to 4, in particular, paras 4, 5, 6, 7 and 10, read as under: “4. It is submitted that petitioner obtained only opening permission for parallel section for one year as per the proceedings of Director of Public Instruction, AP, Hyderabad Rc.No.1111/B1/66, dated 05.09.1969, and the proceedings of Director of Public Instructions A.P., Hyderabad Rc.No.1111/B1/66, dated 25.09.1971, at page No.17 and 19 of writ petition. It is to state that, petitioner school obtained renewal of recognition from VI to X Class Telugu Medium for girls during 2009-2010 to 2018-2019 Academic year vide proceeding of the Regional Joint Director of School Education,Warangal, in Proceeding Rc.No. /B2/B1/2009, dated 16.11.2009, in the name Sri Ramachandra Aided High School (Girls), Kothagudem. Thereafter, he has not sought any renewal for Telugu Medium and closed completely. As such all aided Teachers were posted to other schools. 5. It is submitted that Petitioner obtained separate recognition for English Medium from class 1st to 7th class vide Proceedings of the District Educational officer, Bhadradri Kothagudem in Re No.626/B4/PR/2016, Dt: 14-07-2017, for the year of 2016-2017 to 2020-2021 in the name of the Sri Ramachandra Upper Primary School (EM). Durjan Basthi, Kothagudem. The petitioner has not applied for renewal and running the school without any renewal. 6. It is submitted that, while the matter stood thus petitioner also started VIII to X class without obtaining any permission for upgrading the school and without applying for renewal of recognition. Which was expired during the academic year 2020-2021. Therefore the contention that petitioner is running the English medium as well as Telugu Medium hence as per section 22 of Education Act, 1982 he need not obtain recognition is not correct. Petitioner having obtained separate recognition for Telugu Medium and English Medium now he cannot run English Medium School by closing the Telugu Medium School. It is not the case of the Petitioner that he has obtained initial recognition for both mediums. 7. It is submitted that, the 5th Respondent had issued letter No.174/MRC/2021, dated. Petitioner having obtained separate recognition for Telugu Medium and English Medium now he cannot run English Medium School by closing the Telugu Medium School. It is not the case of the Petitioner that he has obtained initial recognition for both mediums. 7. It is submitted that, the 5th Respondent had issued letter No.174/MRC/2021, dated. 17.03.2021, and Lr.No. 182/Aided Special Officer/LPS/2021, dated 27.04.2021 to the Petitioner asking to submit the proposals. Inspite of these two letters issued to the Petitioner, he had not submitted any proposals with requisite documents as requested. Thereafter, again this office had directed vide Rc.No.1835/A5/Estt/2021, dated.03.09.2021. Pursuant to the same, again the 5th respondent had addressed a letter to this office on 04.09.2021 stating that inspite of the letters as stated above had not submitted any documents. 10. It is submitted that, during academic for the year 2020-2021 in the interest of students, they were allowed to appear for SSC examinations. Taking advantages of the same Petitioner again admitting the students. Hence paper Notifications dated: 30-11-2021 has been issued informing the Parents that Petitioner is not having recognition. The Petitioner instead of applying for recognition filed the present writ petition if the students are allow to write SSC Examination without recognition it is difficult to issue pass certificates. DISCUSSION AND CONCLUSION DISCUSSION 12. It is the specific case of the petitioner that the petitioner’s late grandfather Sri Ramchander Agarwal, who was a great philanthropist, who had always an idea to serve the society in the educational field started a school in a tin shed and subsequently, expanded the institution with three different branches, (1) a co-education school (2) an exclusive girls school and (3) an exclusive boys school. It is further the specific case of the petitioner that since 1962 onwards the petitioner institute is running the school in both English medium as well as in Telugu Medium. It is further the specific case of the petitioner that since 1962 onwards the petitioner institute is running the school in both English medium as well as in Telugu Medium. In view of the fact that there is no demand for Telugu medium admissions, petitioner was pursuing with the department to either transfer the Telugu medium teachers to English medium or to accommodate them in other institutes in public interest and the said issue caused some problem among the teachers union and the petitioner was put to hardship when the 4th and 5th respondents in high handed manner refused to accept nominal rolls for the year 2020-21 for class X students, the same being board examination and subsequently however, the petitioner approached the 2nd respondent with an intervention that the students could write the examination. It is further the case of the petitioner that the 4th respondent issued a press note on 30.11.2021 informing the public that the petitioner institution is having no recognition which is absolutely illegal and aggrieved by the same, the petitioner approached the Court by filing the present writ petition bringing on record in the affidavit filed in support of the writ petition in December, 2021 that there are 324 students studying in English medium and there are 14 teaching staff and seven (7) non teaching staff and further prayed for issuance of writ of Mandamus by declaring that the writ petitioner is having recognition for English medium and no fresh permission for English medium is required to the petitioner’s institution in view of Section 22 of the Telangana Education Act, 1982 and consequently, direct the respondents not to interfere with the Administration and Managerial affairs of the petitioner institution or insist for any fresh recognition. The petitioner’s further case is that the proceedings dated 22.10.2021 issued to the petitioner calling upon the petitioner to submit within 10 days, the necessary proposal to obtain permission to run the school with English medium is contrary to law and the provisions of the Telangana Education Act, 1982 and the petitioner therefore, prayed for allowing of the writ petition as prayed for in view of the fact that the Petitioner Institution stands protected as per Section 22 of Telangana Education Act, 1982 since the petitioner Institution obtained permanent recognition way back on 31.07.1968 vide D.Dis.12271561/67. 13. 13. Counter affidavit has been filed on behalf of the Respondents and a specific plea is taken that the Petitioner obtained only opening permission for parallel section for one year as per proceedings of the Director of Public Instruction, A.P., Hyderabad Rc.No.1111/B1/ 66, dated 05.09.1969 and the proceedings of the Director of Public Instruction, A.P. Hyderabad, Rc.No.1111/B1/66, dated 25.09.1971 and that the Petitioner however did not obtain renewal and is running the school without renewal and further the Petitioner did not apply for recognition inspite of the letters of the 5th Respondent dated 17.03.2021, 27.04.2021 and 03.09.2021 calling upon the Petitioner to submit the proposals with requisite documents and further a plea is taken by the Respondent Nos.1 to 4 that the Petitioner Institution has to get recognition for imparting education in the State. It is further the case of the Respondents that when the Petitioner did not respond inspite of the letters of the 5th Respondent, the 5th Respondent Office was constrained to issue a press note and the Petitioner instead of applying for recognition filed the present Writ Petition and further it had been contended by the Respondents that the interim order granted by the Court dt. 15.12.2021 in I.A.No.1/2021 in W.P.No.33938/2021 needs to be vacated for the above said reasons and the Writ Petition dismissed. CONCLUSION : 14. A bare perusal of the proceedings RC.No.841/B1/61, dated 29.07.1962 of the Director of Public Instruction, clearly indicates that permission had been accorded for opening of a parallel section with English medium in Class X in Sri Ramachandra Higher Secondary School, Kothagudem, during the school year 1962-63, without any financial commitment to the Government. 15. A bare perusal of the proceedings dated 31.07.1968 vide Dis.No.12271561/67, of the Director of Public Instruction, (referred to and extracted above) clearly indicates the fact as borne on record that permanent recognition is granted to classes I to X of Sri. Ramachandra Higher Secondary School, Kothagudem, from the beginning of the school 1967-68. 16. A bare perusal of the proceedings Rc.No.1526/A1. Aided/2019 dated 21.05.2019 of the District Educational Officer, Bhadradri-Kothagudem (referred to and extracted above), the status of the petitioner institute is very evident on record as it is observed thereunder as follows: 1. SRHS (aided) Main, Kothagudem – Having Permanent recognition but no strength 2. SRHS (aided) Girls, Kothagudem – No recognition from 2019-20 and no strength 3. Aided/2019 dated 21.05.2019 of the District Educational Officer, Bhadradri-Kothagudem (referred to and extracted above), the status of the petitioner institute is very evident on record as it is observed thereunder as follows: 1. SRHS (aided) Main, Kothagudem – Having Permanent recognition but no strength 2. SRHS (aided) Girls, Kothagudem – No recognition from 2019-20 and no strength 3. SRHS (aided) Branch, Kothagudem: No recognition from 2019-20 and no strength. 17. Section 22 of the Telangana Education Act, 1982 reads as under : 22. (1) All the institutions imparting education which were established and recognised in accordance with rules in force immediately before the commencement of this Act and in existence at such commencement shall be deemed to be educational institutions, established and recognised under this Act, provided they comply with the provisions of this Act and the rules made thereunder within such period and in accordance with such procedure as may be prescribed. (2) Any private institution imparting education which is in existence at the commencement of this Act but which has not been recognised in accordance with the rules in force immediately before such commencement, shall discontinue to impart education from such commencement unless within thirty days of such commencement an application for recognition is made in accordance with the provisions of this Act and the rules made thereunder and every such application shall be disposed of within sixty days of its receipt by the competent authority. No person shall run any such institution after the application for recognition is rejected. 18. It is the specific case of the Petitioner that the Petitioner’s case falls under Section 22 (1) of the Telangana Education Act, 1982 and therefore having obtained permanent recognition vide proceedings dated 31.07.1968 of the Director of Public Instruction vide D.Dis. No. 12271561/67, Petitioner need not seek recognition afresh again whereas the counter affidavit filed by the Respondent Nos.1 to 4 projects that the Petitioner’s case falls under Section 22(2) and therefore the Petitioner needs to apply for recognition since the Petitioner is not having recognition. 19. No. 12271561/67, Petitioner need not seek recognition afresh again whereas the counter affidavit filed by the Respondent Nos.1 to 4 projects that the Petitioner’s case falls under Section 22(2) and therefore the Petitioner needs to apply for recognition since the Petitioner is not having recognition. 19. A bare perusal of the proceedings vide D.Dis.No. 12271561/67, dated 31.07.1968 of the Director of Public Instruction read with the latest proceedings of the District Educational Officer, Bhadradri-Kothagudem dated 21.05.2019 in Rc.No.1526/A1/Aided/2019 clearly indicates a clear admission in favour of the Petitioner in the very first paragraph as under : SRHS (aided) Main, Kothagudem – Having Permanent recognition but no strength. 20. This Court opines that the Petitioner’s case falls under Section 22(1) of the Telangana Education Act, 1982 which came into force on 27.01.1982 and not under Section 22(2) of the Telangana Education Act, 1982 as projected in the counter affidavit filed by the Respondent Nos.1 to 4 on perusal of the material documents filed by the petitioner in support of I.A.No.2 of 2022 in W.P.No.33938 of 2021 i.e. the attendance register pertaining to the teachers of the Petitioner’s Institution for the year 1987 and 2003 and various transfer certificates of the students which indicates, the Medium of Instruction is English and the date of admission in the said certificates reflects from 1973 onwards and on perusal of the Revised Audit Report dated 28.02.1995 addressed to the District Educational Officer it is evident that the Petitioner Institution as having one main school and one girls school and one branch i.e., (1) SRHS (Aided) Main, Kothagudem, (2) SRHS (Aided) Girls, Kothagudem, (3) SRHS (Aided) Branch, Kothagudem. 21. This Court further takes note of the fact as borne on record that the Petitioner herein is approaching the High Court frequently every year, seeking a direction against the Respondents herein to accept the nominal rolls for 10th class students and the students are appearing for the exams in pursuance to the interim orders of this Court i.e., order dated 19.05.2022 passed in W.P.No.23682/2022, order dated 11.01.2023 passed in I.A.No.2/2022 in W.P.No.23682/2022, order dated 15.12.2021 passed in W.P.No.33938/2021. 22. 22. Taking into consideration the above referred facts and circumstances, the proceedings Rc.No.841/B1/61, dated 29.07.1962, the proceedings D.Dis.No.12271561 /67 dated 31.07.1968, and the proceedings in Rc.No. 1526/A1/Aided/2019, dated 21.05.2019, and duly considering Section 22(1) of Telangana Education Act, 1982, the Writ Petition is allowed as prayed for and it is declared that SRHS (Aided) Main, Kothagudem, is having permanent recognition for English Medium and no fresh permission is required to the Petitioner Institution in view of Sec.22(1) of the Telangana Education Act, 1982, and the Respondents are further directed not to interfere in the administration and managerial affairs of the Petitioner Institute i.e., SRHS (Aided) Main, Kothagudem, or insist for any fresh recognition as admitted in the proceedings of the District Educational Officer, Bhadradri-Kothagudem in Rc.No.1526/A1/ Aided/2019, dated 21.05.2019. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.