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2026 DAILYLAW 10532 (AP)

MELLAM PRAMEELA EDNA SUKANYA RANI v. THE STATE OF ANDHRA PRADESH

WP/27093/2026 · 2026-09-20

Harinath N

body2026

Judgment text

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APHC010498462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27093/2026 Between: 1. MELLAM PRAMEELA EDNA SUKANYA RANI, A ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, S 2. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH 3. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH 4. THE STATE OF ANDHRA PRADESH, THE STATE OF 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 IA NO: 1 OF 2026 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 Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SCHOOL EDUCATION The Court made the following : 2 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27093/2026 ORDER: The Writ Petition is filed challenging the proceedings dated 08.09.2026, whereby the 9threspondent nominated Sri Bethala Ratnam as the Correspondent of Stall Girls High School, Nagarampalem, Guntur, with effect from 08.09.2026 for a period of two years, in place of the Sri Joseph P.S., who took over the correspondentship earlier. 2. It is the case of the petitioner that the petitioner was earlier removed as Correspondent vide proceedings dated 09.07.2025. The said proceedings were challenged by the petitioner in W.P.No.17804 of 2025, which was dismissed on 05.03.2026. The appeal preferred against the said order is stated to be pending before the Division Bench of this Court. 3. Learned counsel appearing for the petitioner submits that the petitioner was appointed as Correspondent by the District Collector vide proceedings dated 10.11.2013. It is contended that the impugned proceedings dated 08.09.2026, nominating another person as Correspondent, are contrary to Section 24(2) of the Andhra Pradesh Education Act, 1982. 4. It is further submitted that a controller was appointed by this Court in W.A.No.1033 of 2023 and batch and elections to the 9th respondent were to be conducted in accordance with the Constitution and bye-laws of the 9threspondent. Till such time, the new management is put in place, the day-to- day affairs of the Society are also to be conducted by the controller, who could 3 also appoint an administrator for smooth conduct of the elections. It is contended that the impugned proceedings were issued by the Administrator and that the Administrator had no jurisdiction to nominate a Correspondent. 5. Learned Assistant Government Pleader appearing for respondent Nos.1 to 8 submits that the petitioner had already challenged the proceedings dated 09.07.2025, whereby the petitioner was removed as Correspondent of the Stall Girls High School, in W.P.No.17804 of 2025. The said Writ Petition was dismissed by the learned Single Judge of this Court on 05.03.2026. The said order is placed before this Court for perusal. 6. Heard learned counsel for the petitioner and Sri Nerella S.V. Raviteja, learned Assistant Government Pleader for School Education. 7. The present Writ Petition can be disposed of at the admission stage on the ground of maintainability. As the issue relating to terminating the petitioner as correspondent of Stall Girls High School of 9th respondent society w.e.f., 10.07.2025 is dealt with on merits by this Court in W.P.No.17804 of 2025. The writ petition was dismissed by holding that the 7threspondent therein and 9threspondent herein, does not qualify to be considered as a “State” under Article 12 of the Constitution of India. 8. That apart the contention of the petitioner that the petitioner was appointed by proceedings of the District Collector dated 10.11.2013 is unfounded as the proceedings only relate to noting the change of correspondentship for the four schools mentioned therein. The said 4 proceedings cannot be considered as nominating the petitioner as correspondent by the District Collector. 9. The impunged proceedings dated 08.09.2026 are issued by the 9th respondent and the administrator of the 9th respondent in consultation with the controller of the 9th respondent for reviewing the change of correspondentship and accordingly ordered nominating Sri Bethala Ratnam as correspondent of Stall Girls High School, Nagarapalem Guntur, w.e.f. 08.09.2026 for a term of 2 years in place of Joseph P.S. These proceedings are the consequential proceedings of terminating the petitioner vide proceedings dated 09.07.2025. The proceedings dated 09.07.2025 were unsuccessfully challenged by the petitioner in W.P.No.17804 of 2025. W.A.No.357 of 2026 is pending consideration before the learned Division Bench of this Court. 10. The Hon’ble Supreme Court in the matter of St. Marys Education Society vs. Rajendra Prasad Bhargava1 held that the writ petition cannot lie against the private school and the 9th respondent Church is running educational institutions over which the State has no direct control. The salary and appointment of the correspondent are within he domain of the educational institution society with no State role in the appointment process. The obligation cast on the educational institution under the A.P Education Act,1982 to appoint a correspondent would ipso facto not entitle the petitioner to file a writ petition. 1 (2023) 4 SCC 498 5 11. The Hon’ble Supreme Court considered similar issues in A Shobha V. Muthoot Finance Ltd.2 and held that a writ petition cannot be maintained against the entity which is not a State within Article 12 of Constitution of India. 12. It is also relevant to note that the nomination of a Correspondent is a regulatory mechanism of the management of an educational institution without the intervention of the State. The grounds on which the present Writ Petition is filed on the facts and circumstances do not warrant further consideration on merits and the writ petition deserves to be dismissed on the ground of maintainability itself. 13. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 21.09.2026 RSD 2 2025 INSC 117 6 14 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27093/2026 21.09.2026 RSD