APHC010245162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 12395/2025 Between: 1. CHANDALURI BALA KASAIAH, S/O.PEDA POLAIAH, AGED ABOUT 35 YEARS, CHAIRMAN, SCHOOL MANAGEMENT COMMITTEE, R/O.3-15-2, KOVILAMPADU VILLAGE, C.S.PURAM MANDAL, PRAKASAM DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, Rep. by its Principal Secretary, School Education Department, A.P. Secretariat, Velagapudi, Guntur District. ...RESPONDENT 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 direction more particularly one the nature of a writ of Mandamus declaring the action of the respondents in downgrading the MPUP Schools Kovilampadu Peda Gogulapalle, C.S. Puram Mandal, Prakasam District as Model/Basic Primary Schools though the enrollment of 6th 7th and 8th classes in both schools are more than 30 and also showing the said schools in downgrading list without verifying the natural barriers/artificial barriers and no High School is available within the radius of 3 KMs is illegal, arbitrary, unjust, SRK, J W.P.No.12395 of 2025 2 discriminatory and contrary to norms prescribed in Memo No. ESE02-13021/4/2024-E-VII dated 09-01-2025 of the 2nd respondent and consequently direct the respondents tocontinue the MPUP Schools Kovilampadu and Peda Gogulapalle, C.S.Puram Mandal without downgrading the said schools into Model/Basic Primary Schools, and pass IA 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 pleased to direct the respondents to continue the MPUP Schools, Kovilampadu and Peda Gogulapalle, C.S.Puram Mandal without downgrading the said schools into Model/Basic Primary Schools, pending disposal of this writ petition and pass Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent: 1. GP FOR SCHOOL EDUCATION The Court made the following: SRK, J W.P.No.12395 of 2025 3 HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.12395 of 2025 ORDER: This Writ Petition has been filed seeking to declare the action of respondents in downgrading the MPUP schools, Kovilampadu and Peda Gogulapalle villages, C.S.Puram Mandal, Prakasam District as Model/ Basic Primary Schools though the enrollment of VI to VIII classes in both schools is more than 30 and also showing the said schools in downgrading list without verifying the natural barriers / artificial barriers and no High School is available within the radius of 3 KMs as illegal and arbitrary. 2. Case of the petitioners is that 1st petitioner is the resident of Kovilampadu village, C.S.Puram Mandal and Chairman of School Management Committee and 2nd petitioner is resident of Peda Gogulapalle village, C.S.Puram Mandal. In both villages, there are existing MPUP schools and still they are functioning. As per the norms prescribed in Memo dated 09.01.2025, in Upper Primary Schools, if VI to VIII classes enrolment is less than or equal to 30, they shall be downgraded to Model / Basic Primary School, and VI to VIII classes students shall be shifted to nearby SRK, J W.P.No.12395 of 2025 4 High Schools. Similarly, if VI to VIII classes enrolment is greater than or equal to 60, they shall be upgraded as High School. There is an exception that ‘if there are any natural barriers / artificial barriers and if any High School is not available within the radius of 3KMs either Upper Primary School may function or transport allowance may be provided to the students. 3. Learned counsel for petitioners submits that as the school is downgraded the students, who are studying VI to VIII classes at Kovilampadu MPUP School will be shifted to another High School and for that, they have to cross National Highway 167B, and that similarly in Peda Gogulapalle village as there is no other MPUP school within radius of 3KMS, the students have to travel 14 KMs to join in new school. Because of the said reason, the Management Committees in both villages have passed resolution on 01.03.2025 /11.04.2025 informing the same to the authorities. Apart from the same, the enrollment of students is also more than what is prescribed in the memo dated 09.01.2025. Ignoring the aforesaid facts, respondent Nos.6 and 7 prepared upgraded as well as downgraded lists and the said lists were forwarded to respondent No.4 through respondent No.5. He further submits that the respondent Nos.6 and 7 have not verified the exact SRK, J W.P.No.12395 of 2025 5 strength of students in the respective schools and not even verified the fact whether any High School is situated within 3 KMs radius from the existing schools and simply prepared the lists as per their whims and fancies. 4. On 27.06.2025, this Court directed all the parties to maintain status quo obtaining as on date. The same has been extended from time to time. 5. The respondents filed counter stating that the Director of School Education, A.P., Amaravati (2nd respondent) vide Memo.No.13/96/2025-EST3, dated 27.05.2025 has accorded permission to continue MPUPS, Kovilampadu and MPUPS, Peda Gogulapalle of C.S.Puram Mandal as Upper Primary Schools and to allocate the posts as per norms, which has been communicated to the Mandal Educational Officer-I, C.S.Puram Mandal (6th respondent) for compliance and 6th respondent has reported that MPUPS, Kovilampadu and MPUPS, Peda Gogulapalle are continued as Upper Primary Schools and allocated posts as per norms. SRK, J W.P.No.12395 of 2025 6 6. In view of specific instructions that have been given by 2nd respondent to 6th respondent and placing the same on record, the Writ Petition is closed. No order as to costs. 7. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _________________________ K. SREENIVASA REDDY, J. Date: 10.12.2025 sj SRK, J W.P.No.12395 of 2025 7 133 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.12395 of 2025 Date: 10.12.2025 sj