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2026 DAILYLAW 18479 (AP)

Private Aided Schools v. The State of Andhra Pradesh

WP/7384/2021 · 2026-03-09

Nyapathy Vijay

body2026

Judgment text

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APHC010115852021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7384/2021 Between: 1. PRIVATE AIDED SCHOOLS, CORRESPONDENTS WELFARE ASSOCIATION - AP (PASCWA.AP) REP BY ITS PRESIDENT, SRI K. SYAMA SUNDARARAO R/O D.NO. 10- 1052, ESI HOSPITAL ROAD, 10TH WARD, MARKAPURAM, PRAKASAM DISTRICT ANDHRA PRADESH STATE 523306 2. INDIRAGANDHI ORIENTAL AIDED PRIMARY SCHOOL, DONAKONDA, PRAKASAM DISTRICT ANDHRA PRADESH - 523 305 REPRESENTED BY ITS CORRESPONDENT SRI KOLA PAUL BRESTED 3. VIVEKANANDA ORIENTAL AIDED PRIMARY SCHOOL,, GUDIATIPALLI, VELIGANDLA MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH - 523 228 REPRESENTED BY ITS CORRESPONDENT SRI KOLA PAUL BRESTED 4. AIDED ELEMENTARY SCHOOL (CE), POTHAVARAM, NAGULUPALAPADU MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH - 523001 REPRESENTED BY ITS CORRESPONDENT SRI J. VIJAY RAJ KUMAR 5. A.B.M AIDED PRIMARY SCHOOL,, GOPANIPALLI, KOMAROLE MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH REP BY ITS CORRESPONDENT SMT. 2 GURRAM VIMALAMMA 6. A.B.M AIDED HIGH SCHOOL,, GOPANIPALLI, KOMAROLE MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH REP BY ITS CORRESPONDENT SMT. GURRAM VIMALAMMA 7. PRAKASAM AIDED U.P. SCHOOL,, INDIRA NAGAR, ADDANKI, ADDANKI MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH REP BY ITS CORRESPONDENT SRI TANGUTURI PRAKASAM 8. K.A.M.C. AIDED PRIMARY SCHOOL,, GUDIATIPALLI, VELIGANDLA MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH 523 228 REPRESENTED BY ITS CORRESPONDENT SRI K ISSAC 9. S.V.V.S. AIDED PRIMARY SCHOOL,, RAMIREDDYPALLI, DONAKONDA MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH 523 305 REPRESENTED BY ITS CORRESPONDENT SMT. V KRUPAMMA 10. SAMVESAM HIGH SCHOOL, GANDHI NAGAR, KABADIPALEM ONGOLE, PRAKASAM DISTRICT ANDHRA PRADESH - 523001 REP BY ITS CORRESPONDENT SRI. T. J. KRUPADANAM 11. SRI SRINIVASA AIDED PRIMARY AND U.P. SCHOOL, NEHRU NAGAR, CUMBUM, PRAKASAM DISTRICT, ANDHRA PRADESH - 523333 REP BY ITS CORRESPONDENT SMT. LAKKAKULA SRIDEVI. 12. UM AIDED ELEMENTARY SCHOOL, PULLALA CHERUVU MANDAL, MANEPALI, PRAKASAM DISTRICT ANDHRA PRADESH - 523372 REP BY ITS PRESIDENT SRI UDAYAGIRI VENKATESWARULU. 13. AIDED ELEMENTARY SCHOOL, THIRUMALAPURAM, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH - 523320 REP BY ITS 3 CORRESPONDENT SRI SINGAPOGU DEVA KRUPAGIRI RAO. 14. M.N.M. HIGH SCHOOL,, GUDAVALLI, GUNTUR DISTRICT, ANDHRA PRADESH - 522259 REP BY ITS CORRESPONDENT SRI GHANTA RAJENDRA PRASAD 15. CHITTARANJAN ARABIC ORIENTAL PRIMARY SCHOOL,, KANIGIRI, PRAKASAM DISTRICT, REP BY ITS CORRESPONDENT 16. SANTHI AIDED HIGH SCHOOL, SANTHI ASHRAM (PO), PRATHIPADU MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533446 REP BY ITS CORRESPONDENT SRI VINJAMURI RADHAKRISHNA. 17. VIVEKANANDA GURUKULA VIDYALAYAM HIGH SCHOOL, MAHANANDI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH REP BY ITS CORRESPONDENT SRI YERUVU VENKATAREDDY 18. S.L.N PARTLY AIDED HIGH SCHOOL, MANDALUR VILLAGE, RUDRAVARAM MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH REP BY ITS CORRESPONDENT SRI T SRINIVASULU 19. SPKR SAVN 0/G HIGH SCHOOL, GADDAGTMTA, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH REP BY ITS CORRESPONDENT SRI. N.K.S NARAYANA 20. AIDED ELEMENTARY SCHOOL (H), PERNAMITTA, S.N. PADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH - 523225 REP BY ITS CORRESPONDENT SRI. VARANASI RAMAGOPALA SASTRY. 21. AIDED JUNIOR BASIC SCHOOL, PERNAMITTA, SNPADU MANDAL, BOGGULITE, NANDYALA, KURNOOL DISTRICT, ANDHRA PRADESH REP BY ITS CORRESPONDENT SRI. S.Y.D. PRASAD. 4 22. S.R.R. AIDED UP SCHOOL, RAMAKUR, J. PANGULUR MANDAL, ( PRAKASAM DISTRICT, ANDHRA PRADOSH - 523260 REP BY ITS CORRESPONDENT L. SREEMANNARAYANA ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF SCHOOL EDUCATION DEPARTMENT SECRETARIAT, TULLUR, VELAGAPUDI, GUNTUR DISTRICT REP BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH B-BLOCK, 4TH FLOOR, SRI ANJANEYA TOWERS NTTPS ROAD, IBRAHIMPATNAM, VIJAYAWADA-521456, 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 topleased to issue an appropriate Writ more in the nature of Writ of Mandamus declaring the action of the 1st Respondent Government in issuing the Memo No. ESE-02- 18022/119/2020/PS-3-CSE, dated. 09.03.2021, whereby and whereunder, the proposal was made to take over the Aided Schools and certain information has been called from the managements of the Aided Schools in the State in regard to handing over the Aided Schools to the Government in the prescribed proforma by fixing a deadline of 20-03-2021, without quoting any Provision of Law as being arbitrary, illegal and violative of articles 14, 16 and 300-A of the Constitution of India besides being in contravention of G.O. Ms. No.1, (Edn)., dated 01.01.1994 as also in contravention of Section 60 of A.P. Education Act, 1982 and consequently pleased to stay all further proceedings pursuant to the Memo No. ESE-02- 18022/119/2020/PS-3-CSE, dated. 09.03.2021 issued by the Respondent Authorities in the interest of justice and issue such other 5 Writ or order or direction as deemed fit and propr in the circumstances of case. IA NO: 1 OF 2021 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 pleased to stay all further proceedings pursuant to the Memo No. ESE-02-18022/119/2020/PS- 3-CSE, dated. 09.03.2021 issued by the Respondent Authorities, pending disposal of the Writ Petition, in the interest of justice and pass Counsel for the Petitioner(S): 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR EDUCATION The Court made the following: 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7384 of 2021 ORDER: 1. At the time of hearing, learned counsel for the Petitioners submits that the cause in the present Writ Petition does not survive for adjudication and it has become infructuous. In that view, no orders are required to be passed. 2. Therefore, the Writ Petition is dismissed, as infructuous. 3. No order as to costs. 4. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.03.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 78 WRIT PETITION No.7384 of 2021 Date: 10.03.2026 chs