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High Court of Andhra Pradesh · body

2025 DAILYLAW 42665 (AP)

SHAIK FAIROZ v. THE STATE OF ANDHRA PRADESH

WP/17022/2025 · 2025-10-29

K Sreenivasa Reddy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010309402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 17022 OF 2025 Between: 1. SHAIK FAIROZ, S/o Mohammed Ali, aged about 35 years, Occ Daily Wager, R/o 18-40-79/5, Sangadigunta Main Road, Ponnur Road Near Old Power Office, Guntur District-522001. 2. Kondru Prakash,, S/o Kutumbarao, aged about 39 years, Occ Cooli, R/o 74-53, 7th Lane Opposite, Nallacherruvu, Main Road Workers Colony, Guntur District-522003. 3. Chennupati Vijayakumar,, S/o Veera Swamy, aged about 39 years, Occ Daily Wager, R/o 20-5-547, Muthyalareddy Nagar, 5th Lane Guntur District, Andhra Pradesh-522002. 4. Devandia Mahalakshmi,, W/o Ramarao, aged about 42 years, Occ Cooli, R/o 2-180, Uyyandana, Krosuru Mandalam, Thalluru, Guntur, AP-522410 ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, rep by its Principal Secretary, Education Department, AP Secretariat, Velagapudi, Guntur District, AP. 2. The State of Andhra Pradesh, rep by its Commissioner of School Education to Govt of AP, 4th Floor, B-Block, VTPS Road, Bhimaraju Gutta, Ibrahimpatnam, Andhra Pradesh-521456. 3. The Guntur District Education Officer DEO, Srinivasarao Pet, Guntur, Andhra Pradesh, 522004. 4. The Guntur Mandal Education Officer MEO, MEO Building, Medical Club Road, Collectorate Compound, Guntur, Andhra Pradesh, 522004. SRK, J WP No.17022 of 2025 2 5. The Kennedy High School, rep by its Principal/ Headmaster 3rd Line, 5th Cross Road, Arundalpet-522002. 6. The Naveena Primary School, rep by its Principal/ Headmaster, Pandurangapuram,Gorantia, Guntur Dt, AP. 7. The Montessori English Medium School, rep by its Principal/ Headmaster, 1st Lane, Syamala Nagar-522006. 8. The State Project Director of Samagra Shiskha, Andhra Pradesh, KBC Zilla Parishad High School Premises, High School Road, Patamata, Vijayawada-520010. R8 is impleaded as per the Court's Order dt.28.08.2025 in I.A.No. 02 of 2025. ...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 a Writ Order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents in not permitting the minor children of the petitioners with Application ID 2500033223, 2500032296, 2500032226, and 2500029989 who got allotted Seats in the unofficial Respondent Schools and not taking any action on the unofficial respondents by the official respondents despite receiving representation dated 10.06.2025 is violation of Article 21 A, 21, 14, 19 of the Constitution of India and also violation of Section.12(1)(c) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 and violation of the Directions of this Honble Court in WP(PIL)/165/2027 dated 03.01.2022 and Standard Operational Procedure (SOP) issued by NCPCR Consequently direct the official respondents to make sure students who got allotted seats under S.12(1)(c) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, including the petitioners children in the unofficial respondents SRK, J WP No.17022 of 2025 3 schools and take appropriate action on the schools that are refusing the admission into the schools as per RTE Act, 2009, RTE Rules, 2010 and SOP issued by NCPCR. Counsel for the Petitioners: TURAGA SAI SURYA Counsel for the Respondents: PARTY IN PERSON Counsel for the Respondents: GP FOR SCHOOL EDUCATION Counsel for the Respondents: SRI VIJAY MATHUKUMILLI SRK, J WP No.17022 of 2025 4 The Court made the following ORDER: The present Writ Petition has been filed questioning the action of the respondents in not permitting the minor children of the petitioners herein with Application ID Nos.2500033223, 2500032296, 2500032226 and 2500029989, who got allotted seats in the unofficial respondent Schools and not taking any action on the unofficial respondents by the official respondents despite receiving representation dated 10.06.2025. 2. 2. Today, when the matter came up for hearing, learned counsel for the petitioners submits that subsequent to filing of the present Writ Petition the minor children of the petitioners were allotted seats and admitted in the unofficial respondent Schools in the 3rd round of counselling, hence no further orders are necessary to be passed in this Writ Petition. 3. Recording the said submission, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:30.10.2025 Nsr SRK, J WP No.17022 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.17022 of 2025 Date:30.10.2025 Nsr