APHC010278192025 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: 13999/2025 Between: 1. KARAPATI HARIKA BHAVANI, W/O K. UDAY BABU, AGED ABOUT 33 YEARS, R/O. H.NO. 16A-304, AMBEDKAR NAGAR, TANGELLAMUDI, 28TH DIVISION OF ELURU MUNICIPALITY, ELURU MANDAL, ELURU DISTRICT, A.P. 2. AKULA SARASWATHI, W/O VENKATESWARA RAO, AGED ABOUT 32 YEARS, R/O. D.NO. 5-96, BEEDI COLONY, TANGELLAMUDI, 28TH DIVISION OF ELURU MUNICIPALITY, ELURU MANDAL, ELURU 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, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. 4. THE DISTRICT EDUCATIONAL OFFICER, ELURU DISTRICT, ELURU, ANDHRA PRADESH. ...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 a writ, order direction more particularly one the nature of a writ of Mandamus declaring the action of the respondents in shifting the Primary School (Classes I SRK, J W.P.No.13999 of 2025 2 to V) from MPUP School, Kandrikagudem to MPP School, Tangellamudi in the process of restructuring of Schools is illegal, arbitrary, unjust and contrary to norms prescribed in Memo N0.ESEO2-13021/4/ 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 Primary School ( Classes I to V) in MPUP School, Kandrikagudem, Eluru Mandal and Eluru District along with High School 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 Primary School (Classes I to V) in MPUP School, Kandrikagudem, Eluru Mandal, Eluru District without shifting/merging into MPP School, Tangellamudi, Eluru Mandal, Eluru District, pending disposal of this writ petition and pass Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: SRK, J W.P.No.13999 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 shifting the Primary School (Classes I to V) from MPUP School, Kandrikagudem to MPP School, Tangellamudi in the process of restricting of Schools, 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 Primary School (Classes I to V) in MPUP School, Kandrikagudem, Eluru Mandal and Eluru District along with High School 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, Tangellamudi is adjacent to Kandrikagudem and both are in 28th Division of Eluru Municipality, Eluru Mandal; that in Kandrikagudem, MPUP School with classes from I to VIII is existing and insofar as Tangellamudi is concerned, MPP School with Classes from I to V is existing and it is situated 1 km away from Kandrikagudem and Tangellamudi; that the students strength in MPUP School, Kandrikagudem is 242 i.e. for the classes I to V is 99 and for the classes VI to VIII is 143 and the students strength in MPP School, Tangellamudi is 6 for the classes I to V. SRK, J W.P.No.13999 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 are divided into 3 categories i.e. Foundation Schools, Upper Primary Schools and High Schools and constituted Cluster Level Committee as well as Mandal Level Committees 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 with enrolment less than or equal to 30, shall be downgraded to Model/Basic Primary School and VI, VII and VIII classes students shall be shifted to nearby High Schools; that similarly, if VI, VII and VIII classes’ enrolment is greater than or equal to 60, the same 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) In pursuant to the said Memo, dated 09.01.2025, the authorities verified the enrolment of students in MPUP School, SRK, J W.P.No.13999 of 2025 5 Kandrikagudem, which is more than 60 in VI, VII and VIII classes, and proposed to upgrade the school to High School and forwarded the same to 4th respondent; that surprisingly, it came to the notice of petitioners and other parents that the office of 4th respondent took a decision to upgrade and continue the High School with classes from VI to X in Kandrikagudem School and shift the classes from I to V from MPUP School, Kandrikagudem to MPP School, Tangellamudi, which is situated on river bund as well as at high level area. (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 Schools; that the District Level as well as the Mandal Level Officers have not acted upon strictly as per the norms prescribed in Memo, dated 09.01.2025 of 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 SRK, J W.P.No.13999 of 2025 6 respondents are proceeding with and taking steps. 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 the G.O.Ms.No.19, School Education (Prog.I) Department, dated 13.05.2025 and the norms issued under Memo, dated 09.01.2025. 4. Respondent No.4 filed counter-affidavit denying the contents of the Writ Petition 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 regarding strengthening of School Education withdrawal of G.O.Ms.No.117 SE (SER.II) Dept., dated 10.06.2022, establishment of Model Primary Schools in each Gram Panchayat and reapportionment of teaching staff across various management; that accordingly, the District Educational Officer, Eluru had done exercise and merged the MPUP School, Kandrikagudem, Eluru Mandal to MPP School, Tangellamudi of Eluru Mandal as per norms and as per the willingness of the SMC Committee; that as per the norms, I to V classes were shifted to MPPS, Tangellamudi SRK, J W.P.No.13999 of 2025 7 of Eluru in view of making as MPS and VI to VIII converted as VI to X at MPUPS, Kandrikagudem of Eluru Mandal. (b) The School Management Committee, Chairman and Members passed a resolution that the limited space available in the school playground, which measures only 250 square yards and with the current strength of 242 students and anticipating increase in enrolment of students on introduction of IX Class in the upcoming Academic Year, it would become difficult to manage all classes within the constrained space; that the Committee proposed for shifting the Primary Classes (III, IV and V) to MPPS, Tangellamudi, where these classes were previously accommodated and the distance between these two schools is less than 800 meters. The Members of the School Management Committee unanimously agreed and gave written consent to recognize MPPS, Tangellamudi as a school for Classes I to V for the Academic Year 2025-2026. 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. SRK, J W.P.No.13999 of 2025 8 6. Learned counsel for petitioners contends that even though the authorities are well aware that the enrolment of students in MPUP School, Kandrikagudem is more than 60 in VI, VII and VIII classes and proposed to upgrade the school to High School and forwarded the same to 4th respondent, they changed the decision and proposed to upgrade and continue the High School, Kandrikagudem with classes from VI to X and further proposed to shift the classes from I to V of MPUP School, Kandrikagudem to MPP School, Tangellamudi though the students strength in MPP School, Tangellamudi is 6 for the classes I to V. 7. Sri Nerella S.V.Ravi Teja, learned Assistant Government Pleader for Education contends that upon the proposals submitted by the District Educational Officer, Eluru the MPUP School, Kandrikagudem, Eluru Mandal is merged with MPP School, Tangellamudi of Eluru Mandal as per norms and as per the willingness of the SMC Committee. He further contends that the School Management Committee, Chairman and Members passed a resolution that the limited space available in the school playground, which measures only 250 square yards and with the current strength of 242 students and anticipating increase of enrolment on introduction of IX Class in the upcoming Academic Year, it would SRK, J W.P.No.13999 of 2025 9 become difficult to manage all classes within the constrained space. The Members of the School Management Committee unanimously agreed and gave written consent to recognize MPPS, Tangellamudi as a school for Classes I to V for the Academic Year 2025-2026. 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., dated 10.06.2022, decided to bring III, IV and V classes back from High Schools to Primary SRK, J W.P.No.13999 of 2025 10 Schools to increase enrolment, to reduce dropout 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 it is mandatory on the part of the authorities not to disturb any Primary School while restricting of schools and if there is sufficient infrastructure, the Primary/Upper Primary and High School shall be continued in the same campus. Due to upgrading and continuing the High School with classes from VI to X in Kandrikagudem School and shifting the classes I to V from MPUP School, Kandrikagudem to MPP School, Tangellamudi, which is situated on river bund, the students, who are aged about 10 years, have to travel more than 1 km. 10. As per the norms fixed in order to downgrade the Upper Primary Schools to 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. Indisputably, the strength of MPP School, Tangellamudi for the classes I to V is 6. However, a Resolution was passed by the School Management Committee of MPUP School, Kandrikagudem SRK, J W.P.No.13999 of 2025 11 along with parents of the students and others stating that the sports complex of MPUP School, Kandrikagudem is having 250 square yards and anticipating increase in enrolment, as IX standard was going to commence for the Academic Year, it would be very difficult to manage all the classes in such a small premises. Therefore, it was resolved that the MPUP School, Kandrikagudem, which was previously merged with III, IV and V grades, was proposed to transfer the primary classes i.e. from I to V classes to MPP School, Tangellamudi, as the distance between these two schools is less than 800 meters. 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. Therefore, the entire restructure of schools and reapportionment of teaching staff among various 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 SRK, J W.P.No.13999 of 2025 12 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