Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 8362 (AP)

CHILAMKURU SHABANA v. THE STATE OF ANDHRA PRADESH

WA/138/2025 · 2025-02-20

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAtojI# THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ^ ~r V /Mil 'JO Jbi PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO^ WRIT APPEAL NO: 138 OF 2025 ^ Writ Appeal under clause 15 of the Letters Patent against the order dated 05.02.2025 in W.P.No.1509 of 2025 on the file of the High Courts Between; 1. Smt. Chilamkuru Shabana, W/o K Sudheer Kumar Reddy, Aged 31 years, Occ SSC Student, R/o RR Street - 3, Obulavaripalle Mandal Mangampet, Kadapa District Andhra Pradesh- 516105. 2. Smt. Tummalacharla Roja, C/o Ramprasad, Aged 32 years, Occ. SSC Student, H. No. 5-891/A, Koppurao Colony 8th Lane, Mangalagiri, Guntur District, Andhra Pradesh - 522503. 3. Sri. Avula Abhiram, S/o. Avula Koteswara Rao, Aged 20 years, Occ SSC Student, H. No. 2-115, Venkatapalem, Guntur District, Andhra Pradesh -522503. 4. Smt. Jada Chinni, C/o Nanibabu, Aged 41 years, Occ: Inter Student, D. No. 113, SC Colony, Kankipadu, Kesarinenivaripalem, Madduru, Krishna District, Andhra Pradesh - 521151. 5. Mr. Chevitivandia Bhargav, S/o C. Ramanjaneyulu, Aged 19 years, Occ Inter Student, R/o Peddakomarla Mylavaram, Mylavaram, Kadapa District, Andhra Pradesh-516433. Chinnakomarla 6. Kum. Shaik Chandini Rufin, D/o Shaik Mohammad Rafi, Aged 19 years, Occ Inter Student, R/o Srinivasa Nagar, Proddatur, YSR Kadapa District, Andhra Pradesh- 516360.^- r-. 7. Kun^i. Manupati Glori, W/o Munga Raju, C/o Manupati Ravi Occ Inter ' Student, Aged 29 years, R/o MS Colony, Nowluru (Rural) Guntur Andhra Pradesh- 522503. .£ ...Appellants/Petitioners in W.P. No.1509 of 2025^ AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of School Education Secretariat, Tullur, Velagapudi, Guntur District,Andhra Pradesh 2. The Commissioner, Department of School Education Government of Andhra Pradesh, Venkatadri Towers, opp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur, Andhra Pradesh. 3. The Director, The Andhra Pradesh Open School Society, Government of Andhra Pradesh, Body Pareeksha Bhavan, Opp. Old Bus Stand, Guntur, Andhra Pradesh - 522001. 4. Directorate of Government Examination, Rep by its Director, D.No.20- 124 Beside SPNRCH High School Opp. Andhra Hospitals Gollapudi, Vijayawada, Andhra Pradesh. Pin Code-521225 ...Respondents/ Respondents in W.P. No.1509 of 2025 lA 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 stay the all the further proceedings of orders Dt.05-02-2025 passed in W.P.No.1509 of 2025 by the learned single judge pending disposal of the Writ Appeal.,^ Counsel for the Appellants: SRI MATHUKUMILLI SRI VIJAY Counsel for the Respondent Nos.1 to 4: GP FOR HIGHER EDUCATION The Court made the following: JUDGMENT APHC010089512025 Bench Sr.No:-9 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 138 of 2025 Chilamkuru Shabana and others ...Appellants Vs. The State of Andhra Pradesh and others ...Respondents Advocate for Appellants Mr. Sri Vijay Mathukumilli a/b Mr. N. Subba Rao, Sr. Counsel Advocate for Respondents GP for Higher Education CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 20th February 2025 Per DHIRAJ SINGH THAKUR. CJ: The present Writ Appeal, under Clause 15 of the Letters Patent, has been preferred against order, dated 05.02.2025, passed in W.P.No.1509 of 2025, wherein I.A.No.1 of 2025 filed by the petitioners/appellan ts herein was dismissed and an interim relief was refused on the ground that the relief sought as an interim measure was identical to the main prayer in the writ petition. 2 HCJ & RRRJ W.A.No.138 of 2025 2. The petitioners claimed that they were pursuing the 1 class and Intermediate courses through Open School mode, which inter alia prescribes curriculum of 30 contact classes in one academic year, study material in the shape of books/printed material is supplied to the candidates pursuing distance education mode to enable them to prepare themselves for final examination. 3. The grievance of the petitioners was that without conducting the regular number of contact classes and without furnishing the study material to them, the official respondents were proposing to conduct the final examination, which would not enable them to clear the exam, in which process, they would lose one precious academic year which would affect their career growth. 4. In this regard, documents have been placed on record, which show that initially the contact classes for junior colleges and high schools to start from 03.11.2024 and 09.11.2024 respectively, which were was revised subsequently by virtue of proceedings, dated 23.12.2024, issued by respondent No.3 - the Director, the Andhra Pradesh Open School Society. 5. According to the revised schedule, the contact classes were to start with effect from various dates until 23.02.2025, which was over a period of 30 days. The requirement of the desired number of contact classes would therefore satisfy the Preparatory Exams and the same were scheduled during the duration of the contact program. f 'W 3 HCJ & RRRJ W.A.No.138 of 2025 r The argument that the final exams cannot be conducted, inasmuch as study material was not provided or, for that matter, the contact programs are not fully conducted, is sought to be contested by learned counsel for the official respondents, who has placed on record, communication, dated 04.02.2025, reflecting the factum of commencement of 6. dispatch of the study material from 27.12.2024, which was stated to be completed by 28.01.2025. Apart from this, we have seen from the documents placed on record by the appellants itself that, which is in the shape of Minutes, dated 30.12.2024, wherein the candidates were informed that the distribution of 7. textbooks had been initiated and would be completed within a week therefrom and, in the meantime, the candidates were advised to utilize the soft copies of all subjects available in the official website. Learned counsel for the official respondents also highlighted the 8. fact that approximately 88,729 students have to appear in the Open School examination, which is scheduled to be held in the immediate future, any interim order passed at this stage would delay the schedule of examination and create confusion amongst the student community. Having considered the matter in its entirety, we do not find this a fit case, where an interim relief could be granted. The Writ Appeal is found to 9. be without any merit and is, accordingly, dismissed. No costs. m 4 HCJ & RRRJ W.A,No.138 of 2025 Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTrON OFFICER To, 1. One CC to Sri Mathukumilli Sri Vijay, Advocate [OPUC] — Two CCs to GP for Higher Education, High Court of Andhra Pradesh-. [OUT] Three CD Copies. 2. 3. ssb HIGH COURT DATED:20/02/2025 OF AN&h^ 13 MAR 2C:j I . Current Section ^ O/cx- JUDGMENT ep WA.No.138 of 2025 DISMISSING THE W.A WITHOUT COSTS