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2026 DAILYLAW 1231 (AP)

MR NALANDA VIDYANIKETHAN EM SCHOOL v. THE STATE OF ANDHRA PRADESH

WP/10564/2026 · 2026-04-22

Nyapathy Vijay

body2026

Judgment text

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APHC010211652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10564 OF 2026 Between: 1. MR NALANDA VIDYANIKETHAN EM SCHOOL, Established under Sri Vagdevi Educational and Rural Development Society Represented by its Correspondent Smt. Reddy Vari Meera Bai Rythunagar, Kanala, Nandyal Mandal Nandyal District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary to Government School Education Department, Tulluru, Secretariat Buildings Velagapudi, Guntur District.522238 2. The Commissioner and Director, Department of School Education Government of Andhra Pradesh Venkatadri Towers, opp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri, Guntur Andhra Pradesh.522503 3. The Regional Joint Director of School Education, Kadapa, Kadapa District, Andhra Pradesh.516001 2 4. The District Educational Officer, Nandyal Mandal, Nandyal District, Andhra Pradesh.518501 ...Respondents 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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 1st Respondent in not acting upon the recommendations made by the 2nd Respondent in E-File No. 2746215 for grant of recognition to the petitioner Institution, inasmuch as the continued inaction of the 1st Respondent has caused grave prejudice, irreparable hardship and financial loss to the Petitioner- Institution and being unlawfully prevented from commencing classes for the current academic year, and defeating the very object of the A.P. Education Act, 1982 and Rules framed thereunder, as wholly illegal, arbitrary, discriminatory, unreasonable, and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the 1st Respondent to forthwith issue necessary Government Orders granting recognition to the Petitioner-Institution, and to pass 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 to direct the 1st Respondent to act on the recommendations made by the 2nd Respondent through E- File No. 2746215, and grant recognition to the Petitioner institution forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner: SRI VIJAY MATHUKUMILLI Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following order: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No: 10564/2026 O R DE R: The present Writ Petition is filed questioning the action of Respondent No.1 in not taking further action on the recommendations made by the Respondent No.2 in E.File No.2746215 for grant of recognition to the Petitioner’s institution for establishing a Private unaided School at Kanala Village, Nandyal District, as illegal and arbitrary. 2. 2. The facts leading to this case are as follows: The Petitioner is a Private Educational Institution established under Sri Vagdevi Educational and Rural Development Society. The Petitioner had submitted an application for establishing a new Private Unaided School at Kanala Village, Nandyal District, on 05.11.2024 to the Respondent Nos. 3 and 4. After due verification of the infrastructure and other norms, the Respondent No.3 forwarded the proposal of the Petitioner to the Respondent No.2 with favourable recommendations as informed to the Petitioner. Thereafter, the Respondent No.2 had forwarded the recommendations of the Respondent No.3 to the Respondent No.1 vide E.File No.2746215 for issuance of necessary approvals for granting permission for establishing new school. As the same is kept pending with the Respondent No.1 for substantial time, the present Writ Petition is filed. 3. Learned Assistant Government Pleader submits that the application of the Petitioner would be examined in accordance with 4 the rules and a decision of the Respondent No. 1 to be communicated to the Petitioner through a proper method. 4. Heard the respective counsel. 5. In the light of the submissions made, the Writ Petition is disposed of with the following directions: i) The Respondent No.1 is directed to examine the application of the Petitioner for establishing a new school at Kanala Village, Nandyal District, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this Order. ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY Date: 23.04.2026 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P.No.10564 of 2026 Dated: 23.04.2026 eha