APHC010379022025 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: 19288/2025 Between: 1. EDIFY WORLD SCHOOL, REP BY ITS CORRESPONDENT CHINTALA KAMESWARI, VADIYAMPETA, HYDERABAD – BANGALORE HWY, ANANTAPUR, ANDHRA . PRADESH 515731. , ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, A.P.STATE SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DIRECTOR OF SCHOOL EDUCATION, COMMISSIONER OF SCHOOL EDUCATION OFFICE. GOVERNMENT OF ANDHRA PRADESH,4TH FLOOR, B BLOCK, VTPS ROAD, BHIMARAJUGUTTA, IBRAHIMPATNAM, ANDHRA PRADESH 521456 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA, ANDHRA PRADESH 4. THE ASSISTANT DIRECTOR, OFFICE OF REGIONAL JOINT DIRECTOR, KADAPA, ANDHRA PRADESH 5. THE DISTRICT EDUCATIONAL OFFICER, KAMALANAGAR, ANANTAPUR, ANDHRA PRADESH 515001. 6. THE DEPUTY EDUCATIONAL OFFICER, KAMALANAGAR, ANANTAPUR, 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 SRK, J WP No.19288 of 2025 2 High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus to declare the action of respondents specifically Respondent No.3 herein which issued proceedings Vide RC.No.661/A3/2025 dated 17.03.2025 as illegal, arbitrary and consequently, set aside the proceedings Vide Memo No.ESE02-ll/199/2025-ESTl-CSE dated 27.05.2025 and consequently, direct the Respondent No.3 herein for issuance of a ‘No Objection Certificate’ (NOC) considering the application seeking for No Objection Certificate (NOC) in line with the format as prescribed in sub-sections 2.3.4 and 2.3.5 CBSE Affiliation Bye Laws made by the Petitioner herein dated 25.03.2025. Counsel for the Petitioner: 1. UMESH CHANDRA P V G Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: SRK, J WP No.19288 of 2025 3 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer; “….pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of respondents specifically Respondent No.3 herein in issuing Proceedings, Vide R.C.No.661/A3/2025 dated 17.03.2025 as illegal, arbitrary, whimsical, capricious and set-aside the same and consequently, to direct the respondent No.3 to issue No Objection Certificate (NOC) in line with the format as prescribed in clauses 2.3.4 and 2.3.5 of the CBSE Affiliation Bye Laws”. 2. Grievance of the petitioner-school is that respondent No.3 issued Proceedings in Rc.No.282224100133/YSR KADAPA/2025, dated 13.03.2025, according permission/recognition to the petitioner-school for classes I to VIII (EM) for the Academic Years 2025-2026 and 2026-2027. While so, vide Rc.No.661/A3/2025, dated 17.03.2025 respondent No.3 issued Show-Cause Notice to the petitioner-school to show cause as to why recognition of the petitioner-school should not be withdrawn for violation of the Rules in terms of G.O.Ms.No.1, Education Department, dated 01.01.1994 and RTE-2009, as the inquiry conducted by the District Educational Officer, Ananthapuramu District revealed that the petitioner-school was found misleading the Department by showing less collection of SRK, J WP No.19288 of 2025 4 fee on paper, but, collecting huge fee from the students and also unauthorizedly conducting CBSE and Cambridge Syllabus classes without having valid permission/ recognition/affiliation. 3. Pursuant to the said show-cause notice, petitioner-school submitted its explanation stating that no excessive or unauthorized fees in violation of Government norms is being collected and the petitioner-school has been strictly following the State syllabus for the classes I to VIII and they applied for CBSE affiliation and it is under process and it was clarified that the petitioner-school is not switching to CBSE or Cambridge curriculum nor had any such syllabus officially implemented. 4. While the matter stood thus, respondent No.2 vide Memo No.ESE02/11/199/2025-EST-1-CSE, dated 27.05.2025 returned the proposal for No Objection Certificate for applying affiliation of CBSE for the classes I to VIII (EM) for the year 2025-2026 in respect of petitioner-school, with an instruction to respondent No.3 to examine all the lapses and to take necessary action strictly in accordance with G.O.Ms.No.1 Education Department, dated 01.01.1994 and respondent No.3, in turn, forwarded the same to respondent No.5 vide Proceedings, dated 02.06.2025 to submit the report. After conducting inquiry, respondent No.5 submitted report Lr.Rc.No.1681/B3/2025, dated 07.08.2025 to SRK, J WP No.19288 of 2025 5 respondent No.2 stating that all the lapses noticed remain unrectified. Pursuant to the said report vide Lr.Rc.No.1681/B3/2025, dated 07.08.2025, submitted by respondent No.5, respondent No.3, vide Rc.No.661/A3/2025, dated 18.08.2025, rejected the proposals submitted by petitioner- school for CBSE affiliation for the classes I to VIII for the Academic Year 2025-2026. 5. When the matter came up for hearing on 30.07.2025 and when it was represented that the affiliation of petitioner-school for CBSE was not recommended by the respondents, for the reason that certain documents were not submitted to the authorities and basing on such representation, this Court vide Order, dated 30.07.2025, permitted the petitioner-school to submit the documents by 31.07.2025 and on such submission, the respondents were directed to consider the same in accordance with law. 6. Subsequently, in pursuant to the order, dated 17.09.2025 passed by this Court to grant No Objection Certificate in favour of the petitioner-school, the respondents herein requested for some more documents from the petitioner-school. 7. Learned Assistant Government Pleader for School Education, relying upon Memo.No.ESE02-11/199/2025-EST 1 – SRK, J WP No.19288 of 2025 6 CSE, dated 07.10.2025 issued by the Director of School Education, submitted that the management has rectified four out of five lapses pointed out by the Inspecting Authorities and requested to accord the necessary approval for issuance of NOC for CBSC affiliation for classes 1 to VIII (EM) in respect of Edify English Medium School, Vadiyampeta (V), Bukkarayasamudram (Mandal), Ananthapuramu District, to avoid legal complications in the matter. Despite the fact the petitioner management has submitted all the requisite documents, the respondents further sought a report stating- a) Structural Soundness, Sanitary, Fire Safety certificates are expired and need renewal certificates along with attestation of the Deputy Educational Officer concerned, b) Society Registration documents enclosed with the proposals are unclear and c) The management has not submitted the attested/declaration copies i.e., Recognition copy, Transport facility, Play Ground, First Aid kit, Suggestion Box, Drinking Water, Library Books, Laboratory Equipment, Separate Toilet facilities etc. 8. Learned counsel for the petitioner-school submits that in respect of the aforesaid requirements, the petitioner-school submitted all the required documents. SRK, J WP No.19288 of 2025 7 9. In view of aforesaid facts and circumstances of the case, since the petitioner-school has submitted all the required documents, this Court is of the opinion that balance of convenience is in favour of the petitioner-school. 10. Accordingly, the respondents are directed to consider the documents submitted by the petitioner-school and issue No Objection Certificate (NOC) in favour of the petitioner-school within a period of one (1) week from the date of receipt of copy of this order. 11. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date: 13.10.2025 Note: Issue CC by 14.10.2025 B/o. ARB SRK, J WP No.19288 of 2025 8 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.19288 of 2025 Date: 13.10.2025 ARB