APHC010444012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23330/2025 Between: 1. GURUGUBELLI AMMAJI,, C/O.GURUGUBELLI VENKATA NARAYANA, AGED- 25YRS, OCC- HOUSE WIFE, R/0. 1-42, COLONY CHEEMALAVALASA, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH-532185. 2. LOTLA. NAGA MANI,, HOUSEWIFE W/0. ASIRI NAIDU ,AGED -33YRS, R/0. COLONY, KATYACHARYULAPETAAMADALAVALASA MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH-532185. 3. MONIDIUMA,, C/O.MOMIDI SIMHA CHALAM, AGED- 32YRS, OCC- HOUSE WIFE, R/0. 1-42, COLONY AMADALAVALASA POST, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH-532185. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, 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, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 2 SRK,J W.P.No.23330 of 2025 4. THE DISTRICT EDUCATIONAL OFFICER, SRIKAKULAM DISTRICT, SRIKAKULAM, ANDHRA PRADESH. 5. THE DEPUTY EDUCATIONAL OFFICER, SRIKAKULAM DISTRICT, SRIKAKULAM, ANDHRA PRADESH. 6. THE MEOI, AMUDALAVASA MANDAL, SRIKAKULAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 7. THE HEADMASTER, SCHOOL COMPLEX CHAIRMAN, HANUMANTHAPURAMKAYACHARYULUPET, AMUDALAVALASA MANDAL, SRIKAKULAM DISTRICT, 8. THE HEADMASTER, , SCHOOL COMPLEX CHAIRMAN, KAYACHARYULUPET, SRIKAKULAM DISTRICT. ...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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in trying to downgrade the petitioners MPPS schools as per the guidelines contained in the Memo No.ESC02-13021/4/2024-E-VII dated 09.01.2025 which was issued pursuant to G.O.Ms.No.117 dated 10.06.2022 on the ground that the petitioners schools are having less than 30 students as per the said Memo and as per the said guidelines and trying to merge the Petitioners schools in the CheemalavalasaMPUPS School as illegal and arbitrary and consequently direct the respondents to continue the MPUPShools, i.eKatyacharyulupeta school, Hanumanthapuram (COL) and Hanumanthapuram and may be merged with the 3rd petitioner's School i.eKatyacharyulupeta in same village without downgrading the said schools into Basic Primary School and to 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 Respondent to 3 SRK,J W.P.No.23330 of 2025 continue the MPUPShools, i.eKatyacharyulupeta school, Hanumanthapuram (COL) and Hanumanthapuram without downgrading the said schools into Basic Primary School, pending disposal of the above writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. R SUDHA RANI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following ORDER: This Writ Petition has been filed questioning the action of the respondents in trying to downgrade the petitioners’ MPPS schools as per the guidelines contained in the Memo No.ESE02-13021/4/2024-E- VII, dated 09.01.2025 which was issued pursuant to G.O.Ms.No.117, SE (Ser.II) Department, dated 10.06.2022 on the ground that the petitioners’ schools are having less than 30 students as per the said Memo and as per the said guidelines and in trying to merge the students in the Cheemalavalasa MPUP School. 2. Case of the petitioners is that MPPS school (1st petitioner’s school) is existing in Kayacharyulupet Gram Panchayat, however, it is called as Hanumanthapuram colony, and there are about 25 students studying in the school, and in all, there are 25 students in 1st to 5th classes in the said School. Insofar as 2nd petitioner is concerned, for 3rd 4 SRK,J W.P.No.23330 of 2025 to 5th classes, there is only one student, and insofar as 3rd petitioner is concerned, there are 4 students in 1st and 2nd classes. 3. It is further stated that total strength of the students in each of the petitioners’ schools is less than 30. The respondents are intending to downgrade the schools as per the guidelines contained in the aforesaid memo and shift the students who would be promoted to the next higher classes i.e. 8th to 10th classes, to MPPS Cheemalavalasa. It is stated that the MPPS Cheemalavalasa school is about 3 km away and the petitioners do not have a proper connecting road to the said school. It would be very difficult for the students to travel all the way of 3 km to attend the school, particularly in rainy season. All the students hail from poor families and not able to engage any vehicles for their transportation due to poverty. The attempts of the respondents in shifting the petitioners’ schools to Cheemalavalasa would deprive the right of poor children to educate in nearby schools. Hence, the Writ Petition. 4. Learned Government Pleader appearing for respondents placed on record, the written instructions submitted by 4th respondent-District Educational Officer, Srikakulam, wherein it is stated inter alia that the Director of School Education, A.P. in Memo No.ESE02-13021/4/2024- E-VII, dated 09.01.2025 issued certain preparatory guidelines for restructuring of schools and reapportionment of teaching staff among 5 SRK,J W.P.No.23330 of 2025 various managements i.e. Government, Zilla Parishad, Mandal Parishad and Municipal schools and also to take up reapportionment of teaching staff as per the student enrollment as per UDISE data as on 31.03.2025. Based on the proposals of the Director of School Education, in G.O.Ms.No.19, School Education (Prog.I) Department, dated 13.05.2025, the Government accorded permission for re- structuring of the existing non-residential schools run by the State Government, Mandal Parishad, Zilla Parishad, Municipal and Tribal Welfare Department schools into (i)Satellite Foundational School (PP1&PP2); (ii)Foundational School (PP1, PP2, class 1 and 2); (iii) Basic Primary School (PP1, PP2, class 1 to 5); (iv)Model Primary School (PP1, PP2, class 1 to 5); (v) Upper Primary School (PP1, PP2, class 1 to 8); (vi) High School (Classes 6 to 10); (vii) High School (Classes 1 to 10); (viii) High School Plus (Classes 6 to 12); (ix) High School Plus (Classes 1 to 12) with an objective of improving learning outcomes of children studying in Government schools. 5. It is further stated that as per the above instructions, classes 3 to 5 have to be shifted to nearby Model Primary Schools/ Basic Primary Schools and 6 to 8 classes have to be shifted to nearby High Schools for restructuring of the schools for optimum utilization of human resources. Accordingly, 3 to 5 classes from both the schools i.e. MPPS Hanumanthupuram colony – UDISE- 28111803702 (13 students) and MPPS Katyacharyulapeta – UDISE 28111803801 (03 students) have 6 SRK,J W.P.No.23330 of 2025 been mapped to nearby school i.e. MPUP school, Cheemalavalasa UDISE – 28111803903 duly restructuring these two schools as foundational schools and allotted one secondary grade teacher for each school for the retained classes of 1st and 2nd. 6. It is further stated that the distance from MPPS Hanumanthupuram colony to MPUP School, Cheemalavalasa is 1.5 km and the distance from MPPS Katyacharyulapeta to MPUP school, Cheemalavalasa is 2 km, but not 3 km, as stated by the petitioners, and there is no natural barriers/artificial barriers for movement of students from MPPS Hanumanthupuram colony, MPPS Katyacharyulapeta to MPUP school, Cheemalavalasa and prayed the Court to dismiss the Writ Petition. 7. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. 8. The learned counsel for the petitioners submits that instead of downgrading the school and merging the students with the Cheemalavalasa school, both Katyacharyulupeta school (UDISC code 28111803801), Hanumanthapuram (COL) and Hanumanthapuram (UDISC code 28111803702) can be merged with the 3rd petitioner’s school i.e. Katyacharyulupeta, and in such an event, the total strength of the students would be 30 which would fulfill the requirement of the guidelines stipulated in the aforesaid Memo. He further submits that as 7 SRK,J W.P.No.23330 of 2025 the distance between the above said two schools is roughly below 500 meters and such distance is hardly covered by 10 minutes, but without considering the said aspect, the schools are being downgraded and without considering the factual ground scenario and the impediment that are caused to the students for attending the school, the respondents are proceedings to merge all the schools to Cheemalavalasa. 9. Learned Government Pleader appearing for the respondents submits that the Mandal Educational Officer, Amadalavalasa examined the resolutions of school Management Committee of the petitioners’ schools and verified the feasibility of the case in the ground level and ascertained that there is no risk for the students on the way as alleged by the petitioners herein and a good transport facility is available between these schools. He submits that the respondents are proceeding in accordance with the guidelines in Memo No.ESE02- 13021/4/2024-E-VII, dated 09.01.2025 which was issued pursuant to G.O.Ms.No.117, SE (Ser.II) Department, dated 10.06.2022, and without there being any challenge to the said Memo, the Writ Petition is not maintainable. Hence, he prays to dismiss the Writ Petition. 10. A perusal of the material on record goes to show that as the petitioners’ schools have students strength of less than 30, the respondents are proposing to downgrade the schools and shift the students to MPPS, Cheemalavalasa. A perusal of the record goes to 8 SRK,J W.P.No.23330 of 2025 show that as per the guidelines in the Memo No.ESE02-13021/4/2024- E-VII, dated 09.01.2025, 3rd, 4th and 5th classes from MPPS, Hanumanthupuram colony (13 students) and MPPS, Katyacharyulapeta (3 students), were mapped to the nearby School i.e. MPUP School, Cheemalavalasa, duly restructuring the said two schools as Foundational Schools, and one Secondary Grade Teacher for each school was allotted for the retained classes of 1st and 2nd, and consequent to the said mapping of classes 3rd to 5th, the MPUP School Cheemalavalasa is restructed as Model Primary School, and classes 6th to 8th from the said School were mapped to nearby High School i.e. ZPHS, Korlakota, Amadalavalasa mandal. 11. It is the grievance of the petitioners that MPUP School Cheemalavalasa is situated 3 KMs away from the petitioners’ schools and and as the students hail from poor familities, it would be difficult for the students to travel the said distance, particularly in rainy season. It is the submission of the learned Government Pleader that the distance between the MPPS Hanumanthupuram Colony to MPUP School, Cheemalavalasa is 1.5 KM and the distance between MPPS, Katyacharyulapeta to MPUP School, Cheemalavalasa is 2 KM, but not 3 KMs as stated by the petitioner, and there is good transport facility to cover such a distance. 9 SRK,J W.P.No.23330 of 2025 12. It is the submission of the learned Government Pleader appearing for the respondents that the respondents are proceeding as per the instructions in Memo No.ESE02-13021/4/2024-E-VII, dated 09.01.2025 and G.O.Ms.No.117, SE (Ser.II) Department, dated 10.06.2022, and the said Order is not under challenge, and hence, in such a case, the Writ Petition is not maintainable. Admittedly, the petitioners have not challenged the aforesaid Memo dated 09.01.2025. When it is the specific case of the respondent-authorities that they are are proceeding as per the guidelines of the said Memo, in the absence of any challenge to the said Memo, the Writ Petition does not lie, challenging the said course adopted by the respondent-authorities pursuant to the said Memo. Therefore, the Writ Petition is not maintainable and the same is, accordingly,dismissed. 13. Accordingly, the Writ Petition is dismissed, leaving open the remedies available to the petitioners under law. 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 Date: 11.09.2025. Sj/DRK 10 SRK,J W.P.No.23330 of 2025 210 THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY WRIT PETITION NO: 23330 of 2025 Date: 11.09.2025 Sj/DRK