APHC010278162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 13991/2025 Between: 1. DUGGIREDDY SRINIVASULU, S/O VENGATAIAH, AGED ABOUT 47 YEARS, R/O.1-45, UPPALAPADU VILLAGE, C.S.PURAM MANDAL, PRAKASAM DISTRICT, A.P. 2. KULARI VENKATA LAKSHMAMMA, W/O THIRUPATHAIAH, AGED ABOUT 47 YEARS, R/O.CHENNAPANAYUNIPALLI, NEAR RAMALAYAM, C.S.PURAM MANDAL, PRAKASAM DISTRICT, A.P. 3. KOTHA NAGARJUNA, S/O SUNDARAIAH, AGED ABOUT 41 YEARS, R/O GUNTHA CHENNAMPALLI VILLAGE, C.S.PURAM MANDAL, PRAKASAM DISTRICT, A.P. ...PETITIONER(S) A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, D. NO. 398/3, VIDYA BHAVAN, VENKATADRI TOWERS, ATMAKUR VILLAGE, MANGALAGIRIMANDAL, GUNTUR DISTRICT. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT EDUCATIONAL OFFICER, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH. 5. THE DEPUTY EDUCATIONAL OFFICER, MARKAPUR, PRAKASAM DISTRICT, ANDHRA PRADESH. 6. THE MEOI, C.S.PURAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH 7. THE MEOII, C.S.PURAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): SRK, J W.P.No.13991 of 2025 2 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 - Uppalapadu and Chennapanayunipalli, C.S. Puram Mandal, Prakasam District as Model/Basic Primary Schools though the enrolment of 6th, 7th and 8th classes in the schools are more than 30 and also in downgrading the MPUP School, Guntha Chennampalli, C.S. Puram Mandal, Prakasam District as Model/Basic Primary School and showing all these 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 and contrary to norms prescribed in Memo NO.ESE02-13021/4/2024-E-VII dated 09-01-2025 of the 2nd respondent and also contrary to G.O. Ms. No. 19 School Education (PROG.I) Department dated 13-05-2025 and consequently direct the respondents to continue the MPUP Schools, Uppalapadu, Chennapanayunipalli and Guntha Chennampalli, C.S.Puram Mandal, Prakasam District 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 to direct the respondents to continue the MPUP Schools, Uppalapadu, Chennapanayunipalli and Guntha Chennampalli C.S.Puram Mandal, Prakasam District without downgrading the said schools into Model/Basic Primary Schools, pending disposal of this writ petition and pass Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: SRK, J W.P.No.13991 of 2025 3 O R D E R This Writ Petition is filed seeking the following relief: “…to issue a Writ, order direction more particularly one in the nature of a Writ of Mandamus declaring the action of respondents in downgrading the MPUP Schools – Uppalapadu and Chennapanayunipalli, C.S.Puram Mandal, Prakasam District as Model/ Basic Primary Schools though the enrolment of VI, VII and VIII classes in the schools are more than 30 and also in downgrading the MPUP School, Guntha Chennampalli, C.S.Puram Mandal, Prakasam District as Model/ Basic Primary School and showing all these 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, arbitrary, unjust and contrary to norms prescribed in Memo No.ESE02-13021/4/2024-E-VII dated 09.01.2025 of 2nd respondent and also contrary to G.O.Ms.No.19 School Education (PROG.I) Department, dated 13.05.2025 and consequently direct the respondents to continue the MPUP Schools, Uppalapadu, Chennapanayunipalli and Guntha Chennampalli, C.S.Puram Mandal, Prakasam District without downgrading the said schools into Model/Basic Primary Schools and pass such other order or orders…” 2. Contents of the affidavit filed by 1st petitioner in support of the Writ Petition, in brief, are that, the petitioners are resident of Uppalapadu, Chennapanayunipalli and Guntha Chennampalli village and C.S.Puram, wherein, MPUP Schools are existing; that total enrolment of students in Uppalapadu MPUP School is 121 (Classes I to V – 66 and Classes VI to VIII - 55), Chennapanayunipalli MPUP School is 87 (Classes I to V – 42 and Classes VI to VIII - 45) and Guntha Chennampalli MPUP School is 57 (Classes I to V – 35 and Classes VI to VII - 22). SRK, J W.P.No.13991 of 2025 4 (b) The State Government, with a concept of long term planning and recognizing the difficulties in implementing G.O.Ms.No.117, dated 10.06.2022, decided to bring III, IV and V classes back from High Schools to Primary Schools, and accordingly, total schools were divided into 3 categories i.e. Foundation Schools, Upper Primary Schools and High Schools and Cluster Level Committee as well as Mandal Level Committee were constituted to convene a meeting with all the Head Masters in the Cluster to discuss the implementation of guidelines; that as per the norms prescribed in the Memo, dated 09.01.2025 in Upper Primary Schools i.e. VI, VII and VIII Classes enrolment, is less than or equal to 30, shall be downgraded to Model/Basic Primary School and VI, VII and VIII class students will be shifted to nearby High Schools; that similarly, if VI, VII and VIII classes enrolment is greater than or equal to 60, the said schools shall be upgraded as High School, and apart from that, 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 3 kms, the Upper Primary School may function or transport allowance may be provided to the students. (c) That if the aforementioned schools are downgraded to Model/Basic Primary Schools, the students, who are studying V, VII SRK, J W.P.No.13991 of 2025 5 and VIII classes will be shifted to nearby High Schools; that to shift the said schools, 2nd respondent prescribed certain norms in the Memo, dated 09.01.2025, but contrary to the said norms, respondent Nos.4 to 7 are restricting the aforementioned schools and downgraded the same into Model/Basic Primary Schools on the ground of various discrepancies; that the School Management Committees have also passed a resolution and the same was informed to the authorities not to downgrade the schools into Model/Basic Primary Schools as the enrolment of students is also more than the strength prescribed in the Memo, dated 09.01.2025; that ignoring all these facts, respondent Nos.6 and 7 prepared upgraded and downgraded lists and forwarded the same to 4th respondent through 5th respondent; that the fact remains that respondent Nos.6 and 7 have not verified the exact strength of students in the respective schools and not even verified the fact that if any High School is situated within 3 kms radius and prepared the lists as per their whims and fancies. (d) The Government is focusing on strengthening the infrastructure of all the Government Schools and identified the difficulties in implementing the G.O.Ms.No.117, and decided to bring III, IV and V classes back from High Schools to Primary SRK, J W.P.No.13991 of 2025 6 Schools; that the District Level as well as the Mandal Level Officers have not acted strictly as per the norms prescribed in the Memo, dated 09.01.2025 issued by 2nd respondent, and there is a chance of drop outs from VI, VII and VIII class students; that the respondent No.1 issued G.O.Ms.No.19, School Education (Prog.I) Department, dated 13.05.2025 accepting the proposals made by 2nd respondent vide Memo dated 09.01.2025 and accorded permission for restricting the existing schools, and in pursuant of the said G.O., the respondents are proceeding with and taking steps to shift the aforementioned schools by downgrading them into Model/Basic Primary Schools. Hence, the Writ Petition. 3. When the matter came up for admission, this Court vide Order, dated 29.05.2025 directed the respondents to strictly follow G.O.Ms.No.19, School Education (Prog.I) Department, dated 13.05.2025 and the norms issued under the Memo, dated 09.01.2025. 4. Respondent No.5 filed counter-affidavit denying the contents of the Writ affidavit contending inter alia that the respondent No.2 after considering all the norms, issued instructions vide Memo No.ESE02-13021/4/2024-E-VII, dated 09.01.2025 with respect to restricting of existing Upper Primary Schools to SRK, J W.P.No.13991 of 2025 7 determine as to whether the existing Upper Primary School shall be downgraded or upgraded; that accordingly, the Mandal Educational Officer, C.S.Puram, submitted proposals in respect of MPUPS, Uppalapadu, MPUPS Chennapanayunipalli and MPUPS, Guntha Chennampalli of C.S.Puram; that the students of the aforesaid schools were mapped to nearby High Schools as of 21.04.2025 and transport allowance has also been proposed for the students of Classes VI, VII and VIII and there was no representation or grievance from the parents in this regard; that the posts are allocated to the schools as per the norms and through transfers scheduled, teachers were allotted to the respective schools; that the petitioner No.1 is neither a resident of Uppalapadu nor a parent of any student enroled in MPUPS, Uppalapadu. Hence, it is prayed to dismiss the Writ Petition. 5. Heard the learned counsel for the Petitioners, Sri Nerella S.V.Ravi Teja, learned Assistant Government Pleader for respondents/Education. Perused the entire material available on record. 6. Learned counsel for petitioners submits that as the MPUP Schools at Uppalapadu, Chennapanayunipalli and C.S.Puram are downgraded, the students, who are studying VI to SRK, J W.P.No.13991 of 2025 8 VIII classes in those schools will be shifted to another High School and as there is no other MPUP school within the radius of 3 kms, the students have to travel more distance to join in new school. Because of the said reason, the School Management Committees of the aforesaid villages passed resolution informing the same to the authorities. Apart from the same, the enrolment of students is also more than the prescribed strength 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 strength of students in the respective schools and further, not even verified the fact as to whether any High School is situated within 3 kms radius from the existing schools. 7. Sri Nerella S.V.Ravi Teja, learned Assistant Government Pleader for Education contends that upon the proposals submitted by the Mandal Educational Officer, C.S.Puram, in respect of MPUPS, Uppalapadu, Chennapanayunipalli and Guntha Chennampalli of C.S.Puram, the students of aforesaid schools were mapped to nearby High Schools as of 21.04.2025, and it was proposed to allot transport allowance SRK, J W.P.No.13991 of 2025 9 for the students of Classes VI, VII and VIII, and there was no representation or grievance from the parents in this regard at that time. Learned Assistant Government Pleader further contends that teachers were allotted to the schools as per norms to the respective schools. 8. A perusal of the Memo No.ESE02-13021/4/2024-E-VII, dated 09.01.2025 issued by 2nd respondent goes to show that for optimum utilization of infrastructure and human resources, the Government of Andhra Pradesh restructured and relocated the existing Anganwadi Centres and non-residential schools run by the State Government Mandal Parishad, Zilla Parishad, Municipal and Tribal Welfare Department Schools from the Academic Year 2021- 2022, and in that programme, III, IV and V classes of 4,731 Primary Schools were mapped to 3,348 Upper primary and High Schools within 1 km radius by providing subject teachers, and accordingly, 2,43,540 students from III, IV and V classes were mapped to 3,348 Upper Primary and High Schools. The said Memo further goes to show that the Government of Andhra Pradesh, with a concept of long term planning and recognizing the difficulties in implementing G.O.Ms.No.117, SE (SER.II) Dept., 10.06.2022, decided to bring III, IV and V classes back from High Schools to Primary Schools to SRK, J W.P.No.13991 of 2025 10 increase enrolment, to reduce drop-out rates, to improve the quality of education and to prepare students to become global citizens with bright future. 9. Learned counsel for the petitioners would contend that due to downgrading the MPUP Schools of Uppalapadu, Chennapanayunipalli, C.S.Puram Mandal, to Model/Basic Primary Schools, the students who are studying VI, VII and VIII classes in those schools will be shifted to nearby High Schools. 10. As per the norms fixed in order to downgrade the Upper Primary Schools into Primary Schools, the enrolment in VI, VII and VIII classes shall be less than or equal to 30, and in order to upgrade the Upper Primary Schools as High Schools, the enrolment in the aforesaid classes shall be greater than or equal to 60. A perusal of the material on record goes to show that the MPUP Schools situated at Uppalapadu, Chennapanayunipalli and Guntha Chennampalli, the enrolment in VI, VII and VIII classes is 55, 41 and 22, respectively. The Mandal Educational Officer gave proposals to the effect that the MPUP School, Uppalapadu proposed to be downgraded to Model Primary School as Zilla Parishad High School, Nallamadugula is located within 3 kms radius. In respect of MPUP School, Chennapanayunipalli, it is the SRK, J W.P.No.13991 of 2025 11 proposal of the Mandal Educational Officer that the said school is proposed to be downgraded to Model Primary School, as Zilla Parishad High School, Ambavaram is within 5 kms radius and transport facility is available. Finally, in respect of MPUP School, Guntha Chennampalli, it is also proposed to downgrade the said school as Basic Primary School, as the enrolment is less than 30, and the Zilla Parishad High School, Nallamadugula is located within 5 kms radius and there are no natural barriers. In accordance with the norms of the Government, transport allowance has also been proposed to the students, studying VI, VII and VIII classes. 11. A perusal of entire material on record goes to show that restricting exercise was based on larger vision i.e. specific teaching at appropriate school level and even posts are also allocated to the schools as per norms. Even though, the MPUP Schools of Uppalapadu, Chennapanayunipalli and Guntha Chennampalli are downgraded to Model Primary Schools, the students studying VI, VII and VIII can as well be mapped in the Zilla Parishad High School, Nallamadugula, which is within 3 kms radius from MPUP School, Uppalapadu and 5 kms from Chennapanayunipalli. Therefore, the entire restructure of schools and reapportionment of teaching staff among various SRK, J W.P.No.13991 of 2025 12 managements is for optimum utilization of resources, to improve access to quality education and to create a robust system to meet the needs of students effectively. Having regard to the above facts and circumstances, no interference is called for by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, and the Writ Petition deserves to be dismissed. 12. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 19th December, 2025. DNB