APHC010457612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23168/2025 Between: 1. THAKKALLA SUDHAKAR,, S/O THAKKALLA NAGARAJU, AGED ABOUT 44 YEARS, R/O 11-121, MALAVIDI, YADIKI, ANANTAPUR,ANDHRA PRADESH - 515408.. 2. THAKKALLA DHEVANSHSAI,, S/O THAKKALLA SUDHAKAR, AGED ABOUT 7 YEARS, R/O 11-121, MALAVIDI, YADIKI, ANANTAPUR, ANDHRA PRADESH - 515408, REP. BY HIS FATHER - THAKKALLA SUDHAKAR, ...PETITIONER(S) A N D 1. UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF EDUCATION NEW DELHI, INDIA 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. ANDHRA PRADESH STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, REP. BY ITS CHAIRMAN, OFFICE AT CH76 PLUS2H8, NH 16 SERVICE RD, MANGALAGIRI, ANDHRA PRADESH. 4. DEPARTMENT OF SCHOOL EDUCATION, REP. BY ITS COMMISSIONER, OFFICE AT 4TH FLOOR, B BLOCK, VTPS ROAD, BHIMARAJU GUTTA IBRAHIMPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 5. THE DISTRICT EDUCATION OFFICER, GUNTUR DISTRICT, ANDHRA PRADESH. 6. THE MANDAL EDUCATION OFFICER, TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 7. AIMEE INTERNATIONAL SCHOOL, REP. BY ITS DIRECTOR, PRATHURU, TADEPALLI MANDAL, GUNTUR SRK, J W.P.No.23168 of 2025 2 DISTRICT. 8. THE CENTRAL BOARD OF SECONDARY EDUCATION, REP. BY ITS CHAIRMAN, CBSE INTEGRATED OFFICE COMPLEX, SECTOR - 23, PHASE -1, DWARKA, NEW DELHI - 110077. 9. THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, REP. BY ITS SECRETARY, 2ND AND 3RD FLOORS, STALIN CENTRAL, M.G. ROAD, (BESIDE HOTEL MANORAMA), GOVERNORPET, VIJAYAWADA, ANDHRA PRADESH. 10. INTERNATIONAL GENERAL CERTIFICATE OF SECONDARY EDUCATION, (ADMINISTERED BY CAMBRIDGE UNIVERSITY) REP. BY ITS REGIONAL SENIOR MANAGER, CHENNAI - DILIP.KOTTAPADATH@CAMBRIDGE.ORG ...RESPONDENT(S): 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, order, or direction, more particularly a Writ of Mandamus declaring the inaction of the Respondent Nos.4 to 6 in not taking action against the arbitrary and illegal expulsion of the Petitioners minor son. Master Dhevansh Sai Thakkalla, by the Respondent No.7 - AIMEE International School, Prathuru, Tadepalli Mandal, Guntur District, through issuance of Transfer Certificate and School Leaving Certificate dated 23.08.2025 and in subsequently denying him entry on 28.08.2025, as illegal, arbitrary, unconstitutional, violative of Articles 14, 21, and 21A of the Constitution of India, contrary to the provisions of Right of Children to Free and Compulsory Education Act, 2009 and against principles of natural justice, and consequently a. Direct Respondents Nos.4 to 6 to forthwith ensure that the Transfer Certificate and School Leaving Certificate issued by Respondent No.7 school are withdrawn b. Direct Respondent Nos.4 to 6 to direct the Respondent No.7 school to reinstate the Petitioner No.2 immediately and permit him to continue in Grade 11 at Respondent No.7 School for the academic year 2025-26 without hindrance- c. Direct Respondent Nos.4 to 6 to conduct an enquiry into the illegal conduct of Respondent No.7 School and to take appropriate disciplinary action against the Respondent No.7 school in accordance with provisions of Right of Children to Free and Compulsory Education Act, 2009 d. Pass SRK, J W.P.No.23168 of 2025 3 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 to direct Respondent Nos.4 to 6 to forthwith direct the Respondent No.7 school to reinstate the Petitioner No.2, Master Dhevansh Sai Thakkalla in Grade II of Respondent No.7 School and restrain Respondent No.7 school from obstructing or denying his entry into the school and its facilities and pass IA 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 Respondent Nos.4 to 6 to conduct an enquiry into the illegal conduct of Respondent No.7 School and to take appropriate disciplinary action against the Respondent No.7 school in accordance with provisions of Right of Children to Free and Compulsory Education Act, 2009 and pass IA NO: 3 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 may be pleased to vacate the interim orders dated 9.09.2025 in W.P.No.23168 of 2025 and pass Counsel for the Petitioner(S): 1. GANTA EDIGA RAKESH GOUD Counsel for the Respondent(S): 1. T D PANI KUMAR 2. GP FOR SCHOOL EDUCATION 3. KARUMANCHI INDRANEEL BABU 4. The Court made the following: SRK, J W.P.No.23168 of 2025 4 O R D E R This Writ Petition is filed seeking the following reliefs: “…to issue an appropriate writ, order, or direction, more particularly a Writ of Mandamus declaring the inaction of the respondent Nos.4 to 6 in not taking action against the arbitrary and illegal expulsion of the petitioner’s minor son, Master Dhevansh Sai Thakkalla, by the respondent No.7-AIMEE International School, Prathuru, Tadepalli Mandal, Guntur District, through issuance of Transfer Certificate and School Leaving Certificate, dated 23.08.2005 and subsequently denying him entry on 28.08.2005 as illegal, arbitrary, unconstitutional, violative of Articles 14, 21 and 21A of the Constitution of India, contrary to the provisions of Right of Children to Free and Compulsory Education Act, 2009 and against the principles of natural justice and consequently, a. direct respondent Nos.4 to 6 to forthwith ensure that the Transfer Certificate and School Leaving Certificate issued by respondent No.7-School are withdrawn; b. direct respondent Nos.4 to 6 to direct respondent No.7-School to reinstate the petitioner No.2 immediately and permit him to continue in Grade-II at respondent No.7-School for the Academic Year 2025- 26 without hindrance; c. direct respondent Nos.4 to 6 to conduct an inquiry into the illegal conduct of respondent No.7-School and to take appropriate disciplinary action against the respondent No.7-School in accordance with provisions of the Right of Children to Free and Compulsory Education Act, 2009; d. pass such other order or orders as this Court may deem fit, proper and just in the circumstances of the case. 2. 2. Contents of the affidavit filed by 1st petitioner in support of the Writ Petition, in brief, are that, one Thakkalla Dhevansh Sai- SRK, J W.P.No.23168 of 2025 5 2nd petitioner (hereinafter referred to, as ‘the Ward’) studied for four Academic Years in respondent No.7-School, but he was unable to read a complete English sentence; that 1st petitioner, being father of the Ward, made repeated attempts to bring the same to the notice of the School Management and on one occasion, 1st petitioner had conversation with the Director of 7th respondent- School over phone to apprise the Ward’s difficulties, but, instead of addressing the matter constructively, the Director of 7th respondent- school responded in an arrogant and dismissive manner and disconnected the call. (b) On 21.07.2025 at about 8.43 p.m. wife of 1st petitioner sent a recorded video of the Ward, containing reading attempt, to the personal mobile number of the Director of 7th respondent- School, highlighting his inability to perform even basic reading tasks, which can be expected of a Grade-II student, but neither the Director nor any Teacher responded to the said video; that neither 1st petitioner nor his wife was permitted to meet either the English Teacher or the Director of 7th respondent-School, thus, 7th respondent-School not only failed to provide quality education but also did not heed the word of parents of the Ward, which is essential for the welfare of the student. SRK, J W.P.No.23168 of 2025 6 (c) On 21.08.2025, respondent No.7-School informed parents through Whatsapp that Parent-Teacher Meeting (PTM) would be held on 23.08.2025; that 1st petitioner and his wife had attended the said meeting on 23.08.2025 at 11.40 a.m. and raised the issue of the Ward’s inability to understand English before the English Teacher, for which she herself admitted that the deficiency was due to mistakes of earlier Teachers and she refused to take any remedial steps to rectify the situation; that when the matter was placed before the Director of 7th respondent-School, 1st petitioner and his wife were humiliated publicly and were insulted in front of the staff. (d) That immediately after the Parent-Teacher Meeting on 23.08.2025, without any prior warning or discussion, the Director of 7th respondent-School sent a copy of the Transfer Certificate and School Leaving Certificate of the Ward, over Whatsapp, to the wife of 1st petitioner; that the Director casually informed them that the entire fee paid, would be refunded; that the decision to expel the Ward was taken in a most arbitrary and vindictive manner, and it is in contravention of Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 (for brevity ‘the RTE Act, 2009’) as the Ward was ousted in the middle of the Academic Year without any attributable cause; that in the School Leaving SRK, J W.P.No.23168 of 2025 7 Certificate issued by 7th respondent-School, it was stated that the said Certificate was issued at the request of the Ward, but neither 1st petitioner nor her wife requested the school to issue the said Certificate; that psychological impact on the Ward made him to suffer the burden of rejection and humiliation and 7th respondent- School was punishing the Ward for the reason of raising voice regarding their deficiencies. (e) On 25.08.2025, 1st petitioner addressed a detailed complaint to respondent Nos.4 to 6 narrating the entire facts and respondent No.5 took cognizance of the matter and on 28.08.2025, respondent No.5 orally assured 1st petitioner that the Ward would be permitted to continue in the same School and the School Management had no authority to deny the Ward’s education in the said School; that despite the oral direction of respondent No.5, the personnel of respondent No.7-School rejected the Ward’s attempt to enter into the school bus and denied his access into the school premises; that on 28.08.2025 1st petitioner made a representation to respondent No.9 stating the action of respondent No.7-School in not adhering to the direction of respondent No.5; that instead of issuing a written order or taking disciplinary action, respondent No.5 gave an oral assurance that the Ward would be permitted to continue in the school and such passive and indifferent stance of SRK, J W.P.No.23168 of 2025 8 respondent Nos.4 to 6 in treating a serious statutory violation so lightly, had resulted in grave prejudice to the Ward. Hence, the Writ Petition. 3. Hence, the Writ Petition. 3. This Court, vide Order, dated 09.09.2025, considering the fact that welfare of the Ward is paramount consideration and that because of the disputes between the Management of the School and parents of the Ward, the Ward should not be made to suffer, directed the respondents to reinstate the Ward i.e. 2nd petitioner in Grade-II of respondent No.7-School. 4. Respondent No.7 filed counter-affidavit along with Vacate Petition contending that 1st petitioner and his wife, who are parents of the Ward, attended the Parent-Teacher Meeting on 23.08.2025 and created ruckus, abused the Teacher in filthy language and ventured to physically attack the Teacher in the presence of other parents and children, and on information, one of the Directors attended the School and tried to pacify the situation, and in response to the same, mother of the Ward ventured to threaten the School Management. It is further stated that the parents of the Ward never brought any deficiency with regard to the learning outcome of the Ward to the notice of the School at any point of time and the parents of the Ward attended the meeting on 23.08.2025 and abused the female Teacher in filthy language and SRK, J W.P.No.23168 of 2025 9 tried to assault her before all other parents; that the parents of other students also made complaint regarding the said behavior of 1st petitioner and his wife; that 1st petitioner and his wife insisted the School for issuance of the Transfer Certificate in the presence of other parents and also asked for refund of fee, and pursuant of the same, the School refunded the fee for the balance Academic Year and issued Transfer Certificate, but the Writ Petition was filed suppressing the said fact. The proceedings before the District Educational Officer were stalled at the instance of 1st petitioner. Having regard to the welfare of the Ward, on an undertaking given by the parents of the Ward to submit an unconditional apology, the Court directed for reinstatement of the Ward in Grade-II and the School had waited for the apology, but 1st petitioner sent a letter, date 11.09.2025 enclosing the Order, dated 09.09.2025 passed by this Court. (b) It is further stated that because of the attitude of parents of the Ward, the Teachers of the school are intending to leave the Institution and to repose confidence in them, the apology from 1st petitioner along with his wife is necessary as per the direction issued by this Court to 1st petitioner with regard to the Undertaking; that 1st petitioner, rather than tendering a simple apology and closing the issue, is trying to aggravate the issue SRK, J W.P.No.23168 of 2025 10 without having any sort of respect towards the Court; that 7th respondent wrote to 1st petitioner, twice i.e. on 14.09.2025 and 19.09.2025, to tender an unconditional apology as per the direction of this Court, however, he failed to respond to the same. The petitioner No.1 is intentionally dragging the proceedings and having insisted for Transfer Certificate, now turned back with a malicious intention to draw adverse benefit. Hence, it is prayed to dismiss the Writ Petition and consequently, to vacate the interim Order, dated 09.09.2025. 5. Heard the learned counsel for the petitioners and learned Standing Counsel for the Central Government representing respondent No.1, learned Government Pleader for School Education representing respondent Nos.2 to 6, learned counsel for 7th respondent-School and learned Standing Counsel for respondent Nos.8 and 9. 6. A perusal of entire material on record goes to show one Thakkalla Dhevansh Sai-2nd petitioner was studying Grade-II in respondent No.7-School and that 1st petitioner and his wife, with an anguish over education of his son i.e. 2nd petitioner, in 7th respondent-School, assertively enquired the same in Parent- Teacher Meeting held on 23.08.2025, which resulted in disputes between 7th respondent-School Management and 1st petitioner and SRK, J W.P.No.23168 of 2025 11 his wife leading to issuance of Transfer Certificate to 2nd petitioner. This Court, having considered that because of the disputes between the Management of the School and parents of the Ward, the Ward should not be made to suffer, passed interim direction to the respondents, directing them to reinstate the Ward in Grade-II of respondent No.7-School. The material on record further discloses that parents of the Ward undertook that they would submit a letter to respondent No.7-School tendering their unconditional apology. 7. However, when the matter has come up for hearing, 1st petitioner filed an affidavit on 24.09.2025 tendering apology to the Teachers and the Management of 7th respondent-School. It was further stated by 1st petitioner that at no point in time, he had an intention to abuse anyone including the Teachers and the incident that occurred on 23.08.2025 is purely unintentional and it was only out of curiosity over the progress of the Ward and requested 7th respondent-School and its Teachers to take interest over the Ward in giving best education being uninfluenced by the incident transpired. 8. Pursuant to the Undertaking affidavit filed by 1st petitioner tendering apology, the Executive Director of 7th respondent-School acknowledged the same vide its Letter, dated 09.10.2025. It is stated in the said letter, dated 09.10.2025 that SRK, J W.P.No.23168 of 2025 12 after careful consideration and with the understanding and agreement of their teaching and non-teaching staff, it was decided to accept the apology tendered by 1st petitioner and permit the Ward viz. Dhevansh Sai Thakkalla to continue his enrollment for the remainder of this Academic year only. It was further mentioned in the said acknowledgment that any future incidents of disruptive or disrespectful behavior towards Teachers, Administrative Staff, other students or parents will be taken seriously and may result in further action including, but not limited, to suspension or expulsion of the Ward and legal measures as deemed necessary. 9. The aforesaid unconditional apology submitted by 1st petitioner, dated 24.09.2025 and the acknowledgment, dated 09.10.2025 are placed on record. Accordingly, the Writ Petition is disposed of, making absolute the interim Order, dated 09.09.2025 passed by this Court. 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 JUSTICE K. SREENIVASA REDDY 13th October, 2025. DNB