I I. IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12186 OF 2025 Between: 1. Sri Srinivasa Educational Society, Rep by its Secretary Sri. Srinivasa Prasad D. No. 8/76, Gandhi Bazar, Cumbum District, Andhra Pradesh. 2. Sree Srinivasa High School, Rep by its Secretary Sri. Puli Srinivasa Prasad Nehru Nagar, Cumbum, Prakasam district, Andhra Pradesh. Puli Prakasam ...PETITIONERS AND 1. The State of AP, Rep by its Principal Secretary Department of School Education Secretariat, Tullur, Velagapudi, Guntur District. 2. The Commissioner Director, Department of School Education Government of Andhra Pradesh Venkatadri Towers, opp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur Andhra Pradesh. 3. The Regional Joint Director of School Education Near District Office, R B Quarters, Guntur, Guntur District, Andhra Prades Registrar 4. The District Educational Officer, O/o District Educational Office Prakasam Bhavan, Ongole, Andhra Pradesh 523001 5." The Deputy Educational Officer, NearZ.P. Boys High School, Markapur, Prakasam District. Andhra Pradesh 523316. 6. The Mandal Educational Officer, Cumbum Mandal, Prakasam District Andhra Pradesh 523333. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the Orders issued by the 4*^ Respondent District Educational Officer in his proceedings vide RC NO.327/C2/2024, dated 25.03.2025 whereby and whereunder, the 4‘^ Respondent, DEO has directed to shut down the 2nd Petitioner-Institution on the premise that it has 0% roll, oblivious of the fact that the 2nd Petitioner-Institution is downgraded to Upper Primary School by virtue of the orders of the 3'"'^ Respondent RJDSE, Dated 14-07-2021, and further having permanent recognition and Grant-in-aid to run the classes from I to VII right from its inception, as being issued in Arbitrary manner, against principles of natural justice and in violation of Articles 14, 19(1)(g) of the Constitution of India apart from offending the provisions of Andhra Pradesh Education Act and Rules framed there under and consequently set aside the same and issue such other writ or order or direction as deemed fit and proper in the circumstances of the case. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the Orders issued by the 4 th Respondent District Educational Officer in his proceedings vide RC NO.327/C2/2024, dated 25.03.2025 to the extent of the 2 institution, pending disposal of the Writ Petition, in the interest of justice. nd Petitioner lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'"'^ and 4**^ Respondents to communicate the closure order dated 14-07-2021 to the e**" Respondent for implementation of the said order, pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI SRl VIJAY MATHUKUMILLI Counsel for the Respondents No.1 to 4 and 6: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.5: The Court made the following: ORDER 1 APHC010232342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOr 12186/2025 Between; 1.SRI SRINIVASA EDUCATIONAL SOCIETY, REP BY ITS SECRETARY SRI. PULI SRINIVASA PRASAD D. NO. 8/76, GANDHI BAZAR CUMBUM, PRAKASAM DISTRICT, ANDHRA PRADESH. 2.SREE SRINIVASA HIGH SCHOOL, REP BY ITS SECRETARY SRI PULI SRINIVASA PRASAD NEHRU NAGAR, CUMBUM, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION SECRETARIAT, TULLUR VELAGAPUDI, GUNTUR DISTRICT. 2.THE COMMISSIONER DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION GOVERNMENT OF ANDHRA PRADESH VENKATADRI TOWERS, ATMAKUR, MANGALAGIRI, GUNTUR ANDHRA PRADESH. 3.THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION NEAR DISTRICT REGISTRAR OFFICE, R GUNTUR DISTRICT, ANDHRA PRADES 4. THE DISTRICT EDUCATIONAL EDUCATIONAL OFFICE PRAKASAM BHAVAN, ONGOLE, ANDHRA PRADESH 523001 5.THE DEPUTY EDUCATIONAL OFFICER, NEARZ.P. BOYS HIGH SCHOOL, MARKAPUR, PRAKASAM DISTRICT. ANDHRA PRADESH 523316. OPR DGP OFFICE BESIDES HAPPY RESORTS B QUARTERS, GUNTUR, OFFICER, 0/0 DISTRICT 6.THE MANDAL EDUCATIONAL OFFICER, CUMBUM MANDAL PRAKASAM DISTRICT ANDHRA PRADESH 523333. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION The Court made the following: ORAL ORDER: Heard Sri Mathukumilli Srivijay, learned Counsel for the Writ Petitioners and Sri G. Ramachandra Rao, learned Government Pleader for School Education. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Proceeding of the Regional Joint Director of School Education, Guntur (Respondent No.3) dated 14.07.2021 (Ex.P.7). He would submit that vide the Proceedings of the Regional Joint Director of School Education dated 14.07.2021, the Classes from 8*^ to 10^'^ for the Academic Year 2021-2022 have been closed. Learned Counsel for the Writ Petitioners has also drawn the attention of this Court to the current Proceeding (impugned herein) dated 25.03.2025 (Ex.P.1) and would submit that the Petitioners’ School had been running the Classes from Classes 1 to 7 and the students’ strength is now about 79 for Classes 1 to 5 (Ex.P.25) for the period 2023-2024. Learned Counsel for the Writ Petitioners would submit that the Petitioner is shown at SI.No.1 of the table indicating that the roll existing for the period 2022-23 2023-24 is ‘zero’. He would submit that the impugned Order, showing ‘zero’ roll, is factually incorrect as there are 79 students from Classes 1 to 5 and as evidenced in Ex.P.25. This Court has perused the same. This Court has noticed the fact that as per Ex.P.25, there about 79 students (from Classes 1 to 5) for the Academic Year 2023-24 whereas, the 2. 3. ^ Official Respondents, in the impugned Proceedings dated 25.03.2025 (Ex.P.1), have indicated ‘zero’ roll as against the Writ Petitioners in SI.No.l. 4. In this view of the matter, the impugned Proceeding, limited to the Petitioners, which occurs at SI.No.1, is unsustainable in law. Accordingly, the impugned Proceeding dated 25.03.2025 bearing Rc.No.327/C2/2024 {Ex.P.1) insofar as the Writ Petitioners at SI.No.l is concerned is set aside. The Writ Petitioners shall now approach the District Educational Officer, Ongole (Respondent No.4) and submit a fresh Representation along with the relevant record to indicate the enrolment of students of 79 in number for the Academic Year 2023-24. Upon submission of such Proceeding, the District Educational Officer (Respondent No.4) shall issue fresh Proceeding in accordance with law by passing a Speaking Order within a period of three weeks from the date of submission of the material, as indicated hereinabove. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 5. 6. Interlocutory Applications, if any, stand closed in terms of this order SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Department of School Education, State of AP, Secretariat, Tullur, Velagapudi, Guntur District. 2. The Commissioner Director, Department of School Education Government of Andhra Pradesh Venkatadri Towers, opp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur Andhra Pradesh. 3. The Regional Joint Director of School Education Near District Registrar Office, R B Quarters, Guntur, Guntur District, Andhra Prades 4. The District Educational Officer, O/o District Educational Office Prakasam Bhavan, Ongole, Andhra Pradesh 523001 The Deputy Educational Officer, NearZ.P. Boys High School, Markapur, Prakasam District. Andhra Pradesh 523316. 5. / The Mandal Educational Officer, Cumbum Mandal, Prakasam District Andhra Pradesh 523333. 6. One CC to Sri Sri Vijay Mathukumilli Advocate [OPUC] 7. 8. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 9. Two C.D Copies MBT HIGH COURT \ DATED:08/05/2025 \ \ ORDER WP.No.12186 of 2025 ALLOWING THE W.P WITHOUT COSTS