APHC010043972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2712/2026 Between: 1. SRI SWAMY VIVEKANANDA DED COLLEGE, REP BY ITS CORRESPONDENT SRI. BUSIREDDY NAGESWARA REDDY CHINNAGURUVALURU VILLAGE, CHAPAD MANDAL YSR KADAPA DISTRICT, ANDHRA PRADESH - 516172. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, SCHOOL EDUCATION DEPARTMENT SECRETARIAT, TULLUR, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH VENKATADRI TOWERS, OPP. DGP OFFICE BESIDES HAPPY RESORTS ATMAKUR, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH-521456. 3. THE DIRECTOR, STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING GOVERNMENT OF ANDHRA PRADESH. CHENNAI - KOLKATA HIGHWAY, VADDESWARAM, MANGALAGIRI, ATMAKUR, ANDHRA PRADESH - 52230 4. THE NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE REP BY ITS REGIONAL DIRECTOR G-7, SECTOR 10, DWARAKA NEW DELHI-110075 ...RESPONDENT(S): 2 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 a Writ of Mandamus, declaring the continued inaction, silence and failure on the part of the 3rd Respondent in not considering, processing and according approval to the faculty/staff proposal submitted by the Petitioner institution on 13-01-2026 and 21- 01-2026 as illegal, arbitrary, unreasonable, unjust, mala fide in effect, violative of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the statutory scheme governing teacher education, so as to enable the Petitioner institution to effectively comply with the show- cause notice dated 30-12-2025 issued by the 4th Respondent and consequently direct the 3rd Respondent to forthwith consider, ratify and approve the said faculty/staff list strictly in accordance with law, within a time-bound period to be fixed by this Honble Court, and 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 3rd Respondent to forthwith consider the proposal submitted by the Petitioner on 13-01-2026 & 21-01-2026 and issue appropriate proceedings approving the Petitioner institution’s faculty/staff list within a time frame, pending disposal of the writ petition, in the interest of justice and pass such other orders. Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.2712 of 2026 ORDER: 1. The present Writ Petition is filed questioning the inaction on the part of Respondent No.3 in considering the representations of the Petitioner-institution dated 13.01.2026 and 21.01.2026 respectively so as to enable the Petitioner-institution to effectively give reply to the show-cause notice issued on 30.12.2025 by Respondent No.4-NCTE, as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioner-institution is a private unaided Diploma in Elementary Education College established for the purpose of imparting teacher education. Initially, the National Council for Teacher Education (for short “the NCTE”) had issued recognition to the Petitioner- institution vide Proceedings F.No.SCAPP943/D.EI.Ed/AP/2021/45773, dated 03.09.2012 after due inspections. 3. Pursuant to the statutory recognition by Respondent No.4- NCTE, Respondent No.2 granted affiliation to the Petitioner-institution. While so, during the Academic Year 2018-2019, Respondent No.2 recommended to Respondent No.4 to withdraw recognition of 4 Petitioner-institution along with as many as 421 similarly placed institutions on the allegation of violation of State norms. Questioning the same, a batch of Writ Petitions vide W.P.No.7002 of 2022 and batch were filed before this Court and this Court after taking into consideration the submissions set-aside the withdrawal order and permitted the NCTE to issue fresh show-cause notice to the Petitioner- institutions therein and to take further action thereon. 4. The Petitioner-institution initially did not file the Writ Petition questioning the order of withdrawing the recognition by NCTE. Subsequently, the Petitioner filed W.P.No.21346 of 2025 questioning the withdrawal order dated 05.10.2021. 5. This Court taking note of the Common Order dated 29.03.2022 passed in W.P.Nos.7002 of 2022 and batch as confirmed in W.A.No.426 of 2025 dated 04.08.2025 passed interim orders in terms thereof. Pursuant thereto, a fresh show-cause notice was issued by NCTE to the Petitioner calling for explanation with regard to lapses as pointed out in the show-cause notice for giving effective reply. Among the lapses, the explanation sought from the Petitioner is that the Petitioner should produce latest faculty list approved by the competent authority of SCERT of the State. As the Petitioner-institution did not have approved faculty list as on date, the Petitioner-institution 5 submitted representations on 13.01.2026 and 21.01.2026 to Respondent No.3 for approval of the faculty list so as to enable the Petitioner-institution to give effective reply to the show-cause notice issued by the NCTE. Since Respondent No.3 was not taking any action thereto, the present Writ Petition is filed. 6. Learned Assistant Government Pleader for School Education appearing for Respondent No.3 passed on the written instructions signed by the Joint Director (TRG), Office of the Director of School Education vide Lr.No.ESE02-COURTCASE/D.EI.Ed-TRNG-CSE, dated 03.02.2026, wherein it is stated that the show-cause notice issued to the Petitioner by the NCTE on 30.12.2025 was not received in the office of Respondent No.3 and on receipt of the same necessary action will be initiated. 7. Heard the respective counsel. 8. The order withdrawing the recognition on 05.10.2021 was questioned in W.P.No.7002 of 2022 and batch before this Court and this Court disposed of the same vide Common Order dated 15.11.2022 directing the NCTE to issue fresh show-cause notice to all the colleges with regard to shortages and to take further action, and the same was confirmed by the Division Bench of this Court vide Common Judgment dated 04.08.2025 delivered in 6 W.A.No.426 of 2025 and batch. The relevant portion of the Common Order dated 05.10.2021 passed in W.P.No.7002 of 2022 and batch reads as under; “6. In that view of the matter, the order dated 05.10.2021 passed by Respondent No.3 is hereby set aside. Respondent No.3 may initiate proceedings by issuing fresh show-cause notice to all the Petitioners-colleges through email as well as registered post with acknowledgment due within a period of three weeks from the date of receipt of a copy of this order if he is so advised. On receipt of such show-cause notice, the petitioners-colleges are directed to offer their explanations within a period of four weeks thereafter and on such explanations, if any, being offered by the petitioners-colleges, respondent No.3 is directed to pass appropriate orders in accordance with law within a period of four weeks thereafter and communicate the same to the petitioners. 7. The writ petitions are allowed accordingly. Pending miscellaneous applications, if any, shall stand closed in consequence. No costs.” 9. This Court in W.P.No.21346 of 2025 filed by the Petitioner had passed an interim order on 14.10.2025 following the orders referred above. The operative portion of the interim order reads as under; “In view of the said orders passed by the Division Bench of this Court, there shall be an interim suspension of 7 the impugned order dated 05.10.2021. However, the respondents herein are at liberty to issue fresh show cause notice to the petitioner institution calling for the explanation, and after receipt of explanation, if any, pass reasoned orders in accordance with law. List the matter after three (3) weeks.” 10. Pursuant thereto, a show-cause notice was issued to the Petitioner-institution under Section 18 of the NCTE Act, 1993 calling for explanation on four aspects. The same are read as under; “(i) Explanation on admitting the students in D.EI.Ed course during 2018-19 on their own without adhering the Rules and Regulations stipulated by the State Government of Andhra Pradesh. (ii) Latest approved faculty list duly approved by the competent Authority of SCERT, Andhra Pradesh is required to be submitted. (iii) Copy of updated FDRs of Rs.7 & 5 Lakhs (Being Reserve and Endowment Fund) along with Form ‘A’ in original is required. (iv) Website of the institution as per provisions of NCTE Regulation (Norms & Standards), 2014 are required to be updated.” 11. The grievance of the Petitioner is now that to give reply to the said show-cause notice, the competent authority of SCRT has to 8 approve the faculty list and representations were given on 13.01.2026 and 21.01.2026 to that effect to Respondent No.3 i.e. the competent authority. Since time is critical for the Petitioner to give effective reply, the present Writ Petition is filed. 12. As Respondent No.3 is the competent authority to approve the faculty list to be submitted by the Petitioner as provided under the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 framed under the Andhra Pradesh Right to Education (AP RTE) Act, 2009, the reasoning given by the authorities concerned that they will act after receipt of show-cause notice from the NCTE is not acceptable and it would be odd for Respondent No.3 to expect receive show-cause notice, which has to be issued to the Petitioner. 13. As there is urgency to the Petitioner to give reply to the show- cause notice, the Writ Petition is disposed of with the following directions; (i) Respondent No.3 shall examine the representations of the Petitioner dated 13.01.2026 and 21.01.2026 and pass appropriate orders thereon within a period of two (2) weeks from the date of receipt of a copy of this order; (ii) The decision of Respondent No.3 shall be communicated to the Petitioner within the time specified above; 9 (iii) No order as to costs. 14. As a sequel, pending applications, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 11.02.2026 IS 10 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.2712 of 2026 Dated: 11.02.2026 IS