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2026 DAILYLAW 14816 (AP)

M SINDHU v. THE STATE OF ANDHRA PRADESH

WP/1508/2026 · 2026-03-17

Nyapathy Vijay

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010016052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1508/2026 Between: 1. M SINDHU, W/O G.NAGARAJA, AGED ABOUT 30 YEARS, OCC CHAIRMAN, SCHOOL MANAGEMENT COMMITTEE, M.P.P. SCHOOL, GUDISIBANDA, PUNGANUR MANDAL, CHITTOOR DISTRICT. R/O DOOR NO. 1-5, GUDISIBANDA, PUNGANUR MANDAL, CHITTOOR DISTRICT AADHAR NO.561743503474 2. B.SHOBA, W/O B.GANGADHARAM, AGED ABOUT 33 YEARS, OCC SARPANCH-CUM-PARENT SCHOOL MANAGEMENT COMMITTEE, M.P.P. SCHOOL, GUYDISIBANDA, PUNGANUR MANDAL, CHITTOOR DISTRICT. R/O DOOR NO.1-6, GUDISIBANDA, PUNGANUR MANDAL, CHITTOOR DISTRICT., AADHAR NB.47076249695123 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP- 522503. 2 2. THE DIRECTOR OF SCHOOL EDUCATION, 4TH FLOOR, B BLOCK, ANJANEYA TOWERS, BESIDE POLICE STATION, VTPS ROAD, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT-521456. 3. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR-517001 4. THE DISTRICT EDUCATIONAL OFFICER, CHITTOOR DISTRICT, CHITTOOR-517001 ...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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in mapping the 3rd to 5th Classes from MPP School, Gudisibanda, Punganur Mandal to Model Primary School, Gudurupalle, Punganur Mandal, Chittoor District from the academic year 2025-2026 in pursuance of G.O.Ms.No.19, School Education Department, dated 13-05-2025 by which re-structuring the schools under various managements as illegal, arbitrary and violation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 and also violative of Art. 14 and 21 of Constitution of India and consequently direct the respondents to continue the Classes 3rd to 5th at MPP School, Gudisibanda, Punganur Mandal, Chittoor District with all consequential benefits and to pass such other orders. 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 respondents to continue the Classes to 3rd to 5th at MPP School, Gudisibanda, Punganur Mandal, Chittoor District forthwith, pending disposal of the Writ Petition and to pass such other order. 3 Counsel for the Petitioner(S): 1. C RAMACHANDRA REDDY Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1508 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in mapping the 3rd to 5th Classes from M.P.P. School, Gudisibanda, Punganur Mandal to Model Primary School, Gudurupalle, Punganur Mandal, Chittoor District from the Academic Year 2025-2026 pursuant to G.O.Ms.No.19, School Education Department, dated 13.05.2025, as illegal and arbitrary. 2. The facts in brief are as follows; Petitioner Nos.1 and 2 are the Chairman and Sarpanch-cum- Parent, School Management Committee, M.P.P. School, Gudisibanda, Punganur Mandal, Chittoor District respectively. The said Committee was established about 60 years ago and has been providing education to the children from Classes 1 to 5. While so, G.O.Ms.No.19, dated 13.05.2025 was issued wherein restructuring the schools run by State Government, Mandal Parishad, Zilla Parishad, Municipal and Tribal Welfare Departments etc., was formulated for optimal utilization of infrastructural and human resources. 5 3. Taking note of the fact that less number of children in the M.P.P. School Gudisibanda the said school was merged with the Model Primary School, Gudurupalle, Punganur Mandal. The grievance of the Petitioners is that the Model Primary School is located about 3.9 kms., away from the present school and the children would have to cross NH-42, which is a grave risk. It is also stated that the Model Primary School accommodates 143 students in only two rooms, has no playground and is at a distance of 4 meters from NH-42 while the M.P.P. School, Gudisibanda is in safer, greener area and comfortable environment. 4. It is also stated that the parents did not join their children in the Model Primary School as they anticipate heavy traffic and danger of crossing NH-42. Consequently, the names of the students were removed from UDISE site and they were declared as dropouts and absentees and with regard to the same the School Management Committee submitted a representation on 14.07.2026. As no action is being taken by the Respondent-authorities thereon, the present Writ Petition is filed. 5. A Counter-Affidavit was filed by Respondent No.4 along with the certified copy of SMC resolution denying the contentions made in the Affidavit filed in support of the Writ Petition. 6 6. When the matter is taken up for hearing, the Assistant Government Pleader for the School Education appearing for the Respondents passed on the written instructions signed by the Director of School Education vide RC.No.Spl/E-3/2026, dated 18.03.2026, wherein it is stated that the Mandal Education Officer, Punganur Mandal vide letter dated 13.11.2025 had informed that the Model Primary School, Gudurupalle is situated at a distance of 3.3 Kms., requiring travel of about 2.8 Kms., through National Highway-42 (Madanapalle-Palamaneru road) and considering the distance and safety, the parents of the children are not sending their children to the said school. On the basis of the said letter, the Director of School Education had permitted the M.P.P. School, Gudisibanda to continue with Classes 3 to 5 and the relevant portion of the letter reads as under; “In view of the report submitted by the Mandal Educational Officer, Punganur, Chittoor District, and to safeguard the academic interest, safety, and continuity of educational of the students, it is submitted that M.P. Primary chool, Gudisi Banda, is permitted to continue with Classes 3 to 5 along with Classes 1 and 2.” 7 7. In that view, the grievance of the Petitioners is redressed and the Writ Petition is closed, by placing the written instructions on record. 8. No order as to costs. 9. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 18.03.2026 IS 8 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1508 of 2026 Date: 18.03.2026 IS