T i ■ - APHC010045492025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) thursday.the thirty first day of july^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT honourable SRI JUSTICE K SREENIVASA WRIT PETITION NO: 243^1^^ PRADES o A’ * REDDY Between: Netaji College of Elementary SRCAPP14938 Sy.No. 221/1 Krishna Teacher Education, Near NH-09, Kanchikacherla Village and Andhra Institution Code Post, District-521180, Secretary/Correspondent, Shaik Khasim 42 Years, D No.9-36/6E, Kanchikacherla, Andhra Pradesh-521180 Pradesh. S/o Shaik Silar Saheb, Aged About Gottumukkalaroad, Rep. By its Near Kankara Bandala, ...PETITIONER AND 1- The State of Andhra Pradesh School Education Rep by its Special Chief Secretary, A.P. Secretariat, Velagapudi, Department, Amaravati, Guntur District. 2. The Commissioner of School Education, Government of Andhra Venkatadri Towers, 0pp. DGP Office, Besides Happy Resorts Atmakur, Managalagiri, Guntur District-AP - 521 456 3. The Director of School Pradesh, Education, Government of Andhra Pradesh, Office esides Happy Resorts Atmakur Venkatadri Towers, 0pp. DGP Managalagiri, Guntur District 4. District Educational Officer, NTR District, -AP-521 456 Andhra Pradesh. 5. The National Council for Teacher Education, Southern Regional - Committee, Rep. by its Secretary, G-7, Sector-10, Dwaraka - Delhi - 110 075 New ...RESPONDENTS Petition under Article 226 of the circumstances stated i pleased to issue Constitution of India praying that in the in the affidavit filed therewith, the High Court may be an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondent No. 2 and 3 in Petitioner to have admissions into the college i unwarranted and violative of Articles 14 and against the principles of impugned withdrawal letter not allowing the arbitrary, illegal and and 19 of the Constitution of India IS natural justice. more specifically the said was already set aside by this Honble Court in WP i vide order dated 15-11-2022 and No 4248 of 2022 and Batch consequently direct the Respondent No. 2 and 3 to issue the affiliation to the Petitioner, forthwith and issue such other writ or order or direction proper in the circumstances of as deemed fit and case. jA NO: 1 OF 900^ in the affid t n ! ''' circumstances stated direct the Respondent No. 2 8 3 to consider the Petitioner's representation view of valid recognition in place on account of the order Rat h K ■ Py ‘Pi® Hon'ble Court in WP No 4248 of 2022 and 0 , wherein the withdrawal order dated 05-10-2021 passed by pending this Writ Petition, in the interest of justice. dated 22-11-2024 in vi dated 15-11-2022 respondent No. 6 had been set aside Counsel for the Petitioner; Counsel for the Respondent Nos. SRI TAGORE YADAV YARAGORLA 1 to 4: GP FOR SCHOOL EDUCATION 5:SRI VENNA HEMANTH KUMAR, SC FOR NCTE Counsel for the Respondent No. The Court made the following order: 1 APHC010045492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 2431/2025 Between: 1.NETAJI COLLEGE OF ELEMENTARY TEACHER EDUCATION INSTITUTION CODE SRCAPP14938 SY.NO. 221/1, NEAR NH-09, KANCHIKACHERLA VILLAGE AND POST, KRISHNA DISTRICT - 521180, ANDHRA PRADESH. SECRETARY/CORRESPONDENT, SHAIK KHASIM S/0 SHAIK SILAR SAHEB, AGED ABOUT 42 YEARS, D N0.9-36/6E, NEAR KANKARA KANCHIKACHERLA.ANDHRA PRADESH-521180 11 REP., BY ITS GOTTUMUKKALAROAD BANDALA, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VENKATADRI TOWERS, OPP. DGP OFFICE, BESIDES HAPPY RESORTS ATMAKUR, MANAGALAGIRI, GUNTUR DISTRICT - AP - 521 456 3.THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VENKATADRI TOWERS, OPP. DGP ESIDES HAPPY RESORTS ATMAKUR, MANAGALAGIRI, GUNTUR DISTRICT - AP - 521 456 4. DISTRICT EDUCATIONAL OFFICER, NTR DISTRICT, ANDHRA PRADESH. 5.THE NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE REP. BY ITS SECRETARY, G-7, SECTOR-10, DWARAKA NEW DELHI - 110 OFFICE 075 ...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 tomay be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondent 2 No 2 and 3 in not allowing the Petitioner to have admissions into the 3nd unwarranted and violative of Articles and 19 of the Constitution of India and against the principles of natural justice more specifically the said impugned withdrawal letter was already set aside by this Honble Court in WP No 4248 of 2022 and Batch vide order dated 15-11-2022 and consequently direct the Respondent and 3 to issue the affiliation to the Petitioner, forthwith lA NO: 1 OF 2025 s(aJtn'ihp Circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondent No 2 & 3 to consider the Petitioner's representation dated 22-11-2024 in yiew of valid recognition in place on account of the order dated 15-11-2022 granted bv this Hon ble Court in WP No 4248 of 2022 and Batch, wLrein the withdrawal order dated 05-10-2021 passed by respondent No. 6 had been set aside, pending this Writ Petition, in the interest of justice and psss Counsel for the Petitioner: 1 .TAGORE YADAV YARAGORLA Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION 2.VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) The Court made the following: 14 No. 2 and issue 3 THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY WRIT PETITION No.2431 OF 2025 ORDER: This Writ Petition is filed seeking to declare action of respondents 2 and 3 in not allowing the petitioner college to have admission into the college as illegal and arbitrary and consequently direct the respondents 2 and 3 to issue affiliation to the petitioner forthwith. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for School Education for respondents 1 to 4 and Sri Venna Hemanth Kumar, learned Standing Counsel for respondent No.5. Perused the record. 3. The petitioner is recognized by the National Council for Teacher Education (NCTE) vide order dated 03.03.2016 and is imparting education by offering D.Ed. course. Based on a letter dated 25.03.2021 addressed by 3rd respondent to 6* respondent inter alia recommending de-recognition of the colleges, including the petitioner college, on the ground that the colleges made admissions contrary to G.O.Ms.No. 30, School Education (Prog.II) Department, dated 08-07-2015, respondent No.5 is said to have issued show-cause notice to 4 the colleges, through email on 18.08.2021, explanation was offered, 5^^ respondent, vide Order dated 05.10.2021, withdrew college. The said Order and as no recognition granted to the petitioner was challenged before this Court by several other similarly situated colleges, and this Court, vide Order dated 15.11.2022 in W.P.No.4248 of 2022 and batch, set aside the Order dated 05.10.2021 passed by 3rd respondent and observed that 3rd respondent may initiate proceedings by issuing fresh show cause notice to the colleges through email as well as RPAD. 4. It is the contention of the learned counsel for the petitioner that withdrawal order dated 05.10.2021 was not served on the petitioner institution, and the petitioner is similarly situated with that of the petitioners in the aforesaid batch of Writ Petitioners. On the other hand, it is the contention of learned counsel for respondent No.5 that the petitioner, having not challenged the withdrawal order, is not entitled to claim the benefit of the Order dated 15.11.2022 in W.P.No.4248 of 2022 and batch, and the Writ Petition iIS devoid of merits. 5 5. Having heard the learned counsel and perusing the material on record, since entire episode took place during Covid-19 pandemic period and as physical copies were not served on the petitioner-institution and also in view of the fact that this Court, in similar set of facts, set aside the withdrawal Order dated 05.10.2021 and directed to provide an \ i opportunity to the other similarly situated colleges, this Court is of the view that case of the petitioner is also squarely covered by the said Order. In that view of the matter, the withdrawal Order 6. dated 05.10.2021 is set aside. Respondent No.5 may initiate proceedings by issuing fresh show-cause notice to the petitioner through e-mail as well as RPAD, within a period of three weeks from the date of receipt of a copy of this Order, if On receipt of such show-cause notice, the he is so advised. petitioner-college is directed to offer its explanation within a period of four weeks thereafter, and on receipt of explanation. if any, being offered by the petitioner-college, respondent No.5 is directed to pass appropriate orders in accordance with law. within a period of four weeks thereafter and communicated the 6 same to the petitioner. Accordingly, the Writ Petition is disposed of. No 7. costs. Pending miscellaneous applications, consequence. if any, shall stand closed in Sd/- K.KASI RAO ACHARI assistant registrar //TRUE COPY// S ® OFFJCER To, 1. The Special Chief Secretary Andhra Pradesh, A.P. District. School Education Department, State of Secretariat, Velagapudi, Amaravati, Guntur 2. The Commissioner Pradesh, of School Education, Government of Andhra Venkatadri Towers, 0pp. DGP Office, i Managalagiri, Guntur District - AP - 521 456 - ' Education, Government of Andhra Besides Happy Resorts Atmakur, 3. The Director of School Pradesh, Office esides Happy Resorts Atmakur, -AP-521 456 Venkatadri Towers, 0pp. DGP Managalagiri, Guntur District 4. District Educational Officer, 5. The Secretary NTR District, Andhra Pradesh. National Council for Teacher Education, Southern -10, Dwaraka New Delhi - 110 075 Yaragorla, Advocate [OPUC] Education, High Court of Andhra Regional Committee, G-7, Sector 6. One CC to Sri Tagore Yadav 7. Two CCs to GP for School Pradesh [OUT] 8. One CC to Sri Venna Hemanth 9. Two CD Copies. Kumar, SC for NCTE [OPUC] ssb HIGH COURT DATED:31/07/2025 ORDER WP No. 2431 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS