JUDGEMENT
Devinder Gupta, C.J. -
(1.) this is a petition filed as 'public interest litigation' by the first petitioner-sadan through its chairman/executive director and by thirteen other individuals, who are parents/ wards of the students undergoing studies in a residential school. The petitioners have questioned the legality and validity of the proceedings dated 10-6-2004 issued by the first respondent and consequential proceedings of the seventh respondent dated 22-6-2004 for transfer of residential school for girl child labour under world bank projected scheme [aprprp (velugu)] to kondapuram village and mandal in jammalamadugu from gundlakunta village, peddamudiyam mandal in kadapa district as illegal, arbitrary and contrary to G.O.Ms.No. 49, social welfare (rs) department, dated 24-5-2002 and consequently to direct the respondents to desist from shifting the school to kondapuram from gundlakunta.
(2.) government of Andhra Pradesh under world bank supported scheme, viz., Andhra Pradesh district poverty initiative project (apdpip-velugu) initially established twenty-four residential schools with an intention to eliminate child labour under the main stream of girl child labour withdrawn from the work. Subsequently, it was decided to expand the same initiative to five hundred most backward mandals in sixteen non dpip districts under the name "Andhra Pradesh rural poverty reduction project" (aprprp -velugu ii) also with the world bank support. On initiation of the project, the government decided to include child labour elimination by setting sixty-four residential schools for main streaming girl child labour withdrawn from the work. By G.O.Ms.No. 49, social welfare (rs) department, dated 24-5-2002 sites, which were more backward where literacy of girls and women was poor, were identified for location of sixty four residential schools. It is petitioner's case that after detailed laborious exercise done by the first respondent by taking into consideration the prevalence of girl child labour, female illiteracy, drop out rate, availability of residential schools, the sites were identified. The iist approved by the government with name of the constituencies is Annexure-1 to the G.O. the school in question at gundlakunta village is situated within jammalamadugu constituency in kadapa district. By virtue of the said policy decision taken by the government, the school was established on 1-12-2002,.with seven teachers appointed and total number of 160 girl students admitted. The first academic year came to an end on 25-5-2003. Second academic year commenced on 12-6-2003 and was also completed. Admission for the third academic year was also made by the society and while the matter stood thus, due to political considerations, some vested interests made an effort to shift the school from gundlakunta to a place of their choice and filed writ petition No. 5014 of 2003 thereby seeking mandamus to declare the action of the respondents in not considering their representation dated 25-7-2002 wherein the member of parliament had sought shifting of the aprprp school from gundlakunta to any other suitable village in jammalamadugu constituency.
(3.) the petitioners further alleged that writ petition No. 5014 of 2003 was dismissed by the learned single judge on 4-3-2003 against which writ appeal No. 658 of 2003 was preferred, which was also disposed of on 3-7-2003 with a derection that the representation submitted by the member of parliament be considered by the concerned authorities and appropriate decision be taken thereupon by duly keeping in mind the policy of the government.;
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