A.P. PRIVATE ( UNAIDED ) SCHOOLS MANG. ASS., KURNOOL v. UNION OF INDIA, NEW DELHI & 25 OTHRS
WP/27369/2010 · 2025-04-29
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44094 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44094 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27369 OF 2010 Between: Andhra Pradesh Private ( Unaided ) Schools Management Association, Regd. No. 3568/2001, P.B.No. 8, D.D. Padu, Kurnool, rep. by its General Secretary, S.Seshu Kumar, S/o. Seetharamaiah Aged: 48 years. ...PETITIONER AND Union of India, through Secretary Ministry of Law & Justice Government of India, 4^'' Floor A-Wing, Shastri Bhawan, New Delhi. Government of India, Ministry of Human Resources Development Shastri Bhawan, Dr. Rajendra PRasad Road, New Delhi. Commissioner and Director of School Education, Government of Andhra Pradesh B.R.K.R. Bhavan 5th Floor, Tankbund Road, Hyderabad. District Educational Officer, Hyderabad District, Hyderabad. District Educational Officer, Ranga Reddy District. , District Educational Officer, Medak District, Sangareddy. District Educational Officer, Nizamabad District, Nizamabad. District Educational Officer, Adilabad District, Adilabad. District Educational Officer, Warnagal, Warangal District. 10.District Educational Officer, Karimnagar, Karimnagar District. 11.District Educational Officer, Khammam, Khammam District. 1. 2. 3. 4. 5. 6. 7. 8. 9. 12.District Educational Officer, Srikakulam, Srikakulam District. 13.District Educational Officer, Visakhapatnam, Visakhapatnam District. ■.14bistrict Educational Officer, Vizianagaram, Vizianagaram District. ■ 15:District Educational Officer, Kakinada, East Godavari District. 16.District Educational Officer, Eluru, West Godavari District. 1/.District Educational Officer, Machilipatnam, Krishna District. 18.District Educational Officer, Ongole, Prakasam District. 19.District Educational Officer, Kadapa, Kadapa District. 20.District Educational Officer, Kurnool, Kurnool District. 21 .District Educational Officer, Chittoor, Chittoor District. 22.District Educational Officer, Ananthapur, Ananthapur District. 23.District Educational Officer, Nellore, Nellore District. 24.District Educational Officer, Nalgonda, Nalgonda District. 25.District Educational Officer, Mahaboobnagar, Mahaboobnagar District. 26.District Educational Officer, Guntur, Guntur District. '■ I?- ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ of Mandamus or any other appropriate writ order or orders, direction or directions; a) To declare the right of Children to Free and Compulsory Education Act, 2009 as unconstitutional b) To declare Clause 5 of Article 15 of the Constitution of India ( 93 constitutionally invalid being ultra vires the constitution and violative of the basic structure of the constitution for not excluding the private unaided schools from its purview. may Amendment ) as
w I.A. NO: 1 OF 2010(WPMP.
NO: 34960 OF 2010) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to suspend the proceedings of the 3rd 31.08.2010 fresh registration under the provisions of Right of Children to free and Compulsory Education Act, 2009 by filling applications notwithstanding their existing registration under the Education Act, 1982 pending disposal of the writ petition. Counsel for the Petitioner : Ms. POPURI LAKSHMI PRIYANVITHA SRI VEDULA SRINIVAS Counsel for the Respondent Nos.1 & 2 : SRI P. PONNA RAO, DEPUTY SOLICITOR GENERAl’oF INDIA Counsel for the Respondent Nos.3 to 26 : GP FOR SCHOOL EDUCATION The Court made the following: ORDER may respondent dated in Form-I provisions of A.P. FOR
Bench Sr.No:-9 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010640102010 WRIT PETITION NO; 27369 of 2010 Andhra Pradesh Private ( Unaided ) Schools Management Association, Kurnool ...Petitioner Vs. ...Respondents Union of India and others ********** Ms. Popuri Lakshmi Priyanvitha representing Mr. Vedula Srinivas GP for School Education for R.3 to R.26 Advocate for Petitioner Advocate(s) for Respondent(s);
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 30*'’ April, 2025 DATE PC :
Learned counsel for the parties agree that in view of the judgment of the Apex Court in Pramati Educational and Cultural Trust (Registered) and others V. Union of India and others [(20140 8 SCC 1], nothing survives in the present petition, which is accordingly closed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.
, AVENU GOPala RAO ASSISTANTREGISTRAR SECTION OFFICER Sd/- //TRUE COPY// To,
1. One CC to Sri Vedula Srinivas, Advocate [OPUC]
2. One CC to Sri P. Ponna Rao, Deputy Solicitor General of India [OPUC]
3. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT]
4. Three C.D. Copies. Cnr
HIGH COURT DATED:30/04/2025
ORDER and«^^ I I <1 MAY 2I)?5 f ^ . Current Section * ^ WP.No.27369 of 2010 CLOSING THE W.P.
WITHOUT COSTS