APHC010056202023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2770/2023 Between: B.bramhananda Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “…pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring action of the 2nd to 5th respondents authorities action in not considering the Memo.No.1460523/ServicesII/A2/2021 dated 29/07/2021 issued by the 1st respondent and not reopening the School MPPS(H) Venkatapuram Village, Addanki Mandal, Prakasam District and instead constructing the Grama Sachivlayam in the school premises is illegal, arbitrary, discriminatory, violation of principles of natural justice and against the provisions of Articles 14, 16 and 21-A of the Constitution of India and consequentially direct the respondents authorities to reopen the School MPPS(H) Venkatapuram Village, Addanki Mandal, Prakasam District by implementing the 1st respondents Memo.No.1460523/ Services.II/ A2/2021 dated 29/07/2021 and pass such other order or orders.…” 2. The grievance of the petitioner is that the MPPS elementary school in O.C. area, Venkatapuram Village, Addanki Mandal, Prakasam District, was established forty years back. Due to shortage of children, the said school was closed in year 2011 and merged into SC Colony School in Venkatapuram Village, Addanki Mandal, Prakasam District. 3. Thereafter, the villagers submitted several representations then the Mandal Educational Officer and the District Educational Officer, Prakasam District, has conducted enquiry and submitted a report to the Director of School Education, stating that due to introduction of English medium school, Ammavodi, Nadu Nedu, Jagananna Gorumudda schemes, the parents are attracted to the schemes and 3 willing to join their children in the school. The school building is partially damaged and sufficient furniture is available in the school. Basing upon the report, the Director of School Education has addressed a letter dated 29.06.2021 to the Principal Secretary to the Government, School Education Department, Andhra Pradesh Secretariat, recommending for re-opening of the school. 4. Accordingly, the 1st respondent has issued a memo vide Memo.No.1460523/ServicesII/A2/2021 dated 29.07.2021 pertaining to re-opening of the school in MPPS(H) Venkatapuram Village, Addanki Mandal, Prakasam District. 5. As per the orders of the 1st respondent, the said school was re- opened on 04.10.2021 and consequently, the same was closed on 28.12.2021, on the ground that only seven students are attending the school regularly, ignoring the fact that the total strength of the school is twenty students i.e., Class I-five students, Class II-three students, Class III-three students, Class IV-four students and Class V-five students. 6. Aggrieved by the action of the respondents, in not re-opening the school the present writ petition is filed. 7. Heard learned counsel for the petitioner and learned counsel for the respondents. 8. Learned counsel for the petitioner would submit that under G.O.Ms.No.524 Education (Rules) dated 20.12.1988, the Government framed the Rules i.e., The Andhra Pradesh Education Institutions (Establishment, Recognition, Administration and Control of Schools) Rules, 1988 under Rule 20 Sub-rule (16) the education agency shall also obtain permission from the recognition authority for closure of the 4 additional classes/sections/media opened in the already existing schools, owing to uneconomical strength or otherwise, with one year notice but shall not close down in the middle of the academic year. In the case on hand, the school was re-opened on 04.10.2021 and it was closed on 28.12.2021 in the middle of the academic year. Hence, prayed to direct the respondents to re-open the school. 9. The 6th respondent filed counter and in paragraph no.4 it is asserted that the school was established 40 years back, due to shortage of school children, the said school was closed in the year 2011. At the time of closure, the villagers requested to re-open on the ground that the Government introduced various welfare schemes, and made several representations to the authorities to re-open the school. 10. On entire reading of the counter, there is no whisper about re- opening and closing of the school. The District Educational Officer conducted enquiry and reported that the villagers are attracted to the schemes i.e., English medium schools, Ammavodi, Nadu Nedu, Jagananna Gorumudda etc., which were introduced by the Government. 11. The report of the District Education Officer suggests that students from the villages have attracted for the aforesaid schemes. Therefore, it appears that strength of the students might have been increased in the school in view of the new schemes introduced by the Government. 12. Therefore, the respondents are directed to consider the memo dated 29.07.2021 once again, afresh, for re-opening of the school for the upcoming academic year i.e., 2025-2026. 5 13. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 05.02.2025 KBN 6 127 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.2770 of 2023 Date: 05.02.2025 KBN