1 HN, J W.P.No.22014_2026 APHC010409672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22014/2026 Between: 1. DWARAKAMAI EDUCATIONAL SOCIETY, (REGD. NO.218/2016) REPRESENTED BY ITS SECRETARY SMT. MUKKAMALLA VIJAYA LAKSHMI, W/O. NAGARJUNA REDDY, AGED ABOUT 44 YEARS, OFFICE AT D.NO.7-88, REDDY GARI BAZAR, SANTHANUTHALAPADU VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION GOVERNMENT OF ANDHRA PRADESH SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.522238 2. THE BOARD OF INTERMEDIATE EDUCATION, REP BY ITS SECRETARY, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR, ANDHRA PRADESH - 522501 3. THE REGIONAL INSPECTION OFFICER, BOARD OF INTERMEDIATE EDUCATION, ONGOLE, PRAKASAM DISTRICT.523001 4. SRI VENNAPUSA VENKATA SIVA REDDY, S/O. CHENNA REDDY, AGED ABOUT 57 YEARS,R/O. FLAT NO.304, DHANA LAKSHMI ENCLAVE, 1ST LINE, GANDHI NAGAR, CHIMAKURTHY, PRAKASAM DISTRICT.523001 ...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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings bearing File No. ESE51- 13/113/2026-CSC-BIE dated 15-06-2026 issued by the 2nd Respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions of the Andhra Pradesh Education Act and Rule 14(3) of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987, violative of Articles 2 HN, J W.P.No.22014_2026 14 and 21 of the Constitution of India and consequently set aside the same and further direct the 2nd Respondent to consider the Petitioner's proposal for shifting MSR Junior College from the existing temporary thatched sheds to the proposed RCC building situated within the same locality strictly in accordance with Rule 14(3) of the Rules, 1987, without insisting upon adjudication of the inter se dispute relating to the management of the Society pending before the competent Civil Court, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. 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 suspend the operation of the proceedings bearing File No. ESE51- 13/113/2026-CSC-BIE dated 15-06-2026 issued by the 2nd Respondent and consequently direct the 2nd Respondent to consider and dispose of the Petitioner's application seeking permission to shift MSR Junior College from the existing thatched sheds to the RCC building situated within the same locality strictly in accordance with Rule 14(3) of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987, without reference to the pendency of SOP No.1 of 2025 or other inter se management disputes, pending disposal of the present Writ Petition, in the interest of justice and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. pending disposal of the above writ petition Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. PANGULURU RACHANA 2. B RAMESH SC FOR BOARD OF INTERMEDIATE EDUCATION 3. GP FOR SCHOOL EDUCATION 3 HN, J W.P.No.22014_2026 ORDER: 1. The petitioner is aggrieved by the impugned proceedings dated 15.06.2026 issued by respondent No.2, whereby respondent No.2 has rejected the proposal of the petitioner for shifting the Junior College from the existing premises to the opposite permanent building. 2. It is submitted that the reasons assigned by the respondent No.2 for rejecting the request of the petitioner are that S.R.O.P.No.1 of 2025 is pending on the file of the learned Principal District Judge, Ongole and that W.P.Nos.15099 and 12802 of 2026 are pending before this Court. On account of the pendency of these proceedings and the rival claims of the parties, respondent No.2 has rejected the request for permitting the shifting of the college from its existing premises. It is submitted that Rule 14 of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987, would empower the shifting of a building within the same locality. It is submitted that the shifting of the building is in the interest of the students, as the existing college is being run from temporary ACC sheds and that permanent building is situated opposite to the existing building. It is submitted that no prejudice would be caused by shifting the college to the permanent structure. 3. The learned counsel appearing for respondent No.4 submits that the petitioner does not have the locus to file the present writ petition and seek shifting of the college from the existing premises and that respondent No.4 is 4 HN, J W.P.No.22014_2026 the competent authority for taking any such decision. It is also submitted that respondent No.4 has filed S.R.O.P.No.1 of 2025, wherein the respondent No.4 has sought the relief of recognizing respondent No.4 as the President of the Society. 4. It is also submitted that permitting the petitioner to shift the existing college to the opposite building would be used against respondent No.4 in the pending proceedings before the learned Principal District Judge, Ongole. 5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. Perused the record. 6. Considering the submissions, this Court is of the considered view that the shifting of the premises can be permitted, as it is in the interest of the students and the proposed shifting is within the same locality to a permanent structure. The shifting of the premises shall not confer any additional weightage for the petitioners while disposing off S.R.O.P.No.1 of 2025 by the learned Principal District Judge, Ongole. 7. The impugned proceedings dated 15.06.2025 are, therefore, liable to be set aside, permitting the shifting of the Junior College to the proposed permanent building situated opposite to the existing premises. That apart, W.P.Nos.15099 and 12802 of 2026 are disposed off by this Court. 8. It is made clear that the permission granted by this Court for shifting the Junior College from the existing building to the opposite building is only in the interest of the students and cannot be considered as conferring any right 5 HN, J W.P.No.22014_2026 vested upon the petitioner either to claim any equity in the pending proceedings or to claim any right by virtue of the permission granted herein. All the issues which are raised before the learned Principal District Judge, Ongole in S.R.O.P.No.1 of 2025 shall be decided on their own merits, without being influenced by any of the observations made of this Court. 9. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.09.2026 NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 HN, J W.P.No.22014_2026 101 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22014 of 2026 Date: 22.09.2026 NKA