APHC010266122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13909/2026 Between: 1. ASHOK KUMAR REDDY D EI ED COLLEGE, REP BY ITS CORRESPONDENT SRI. MUMMADI REDDY AMARANATHA REDDY BOREDDY ESTATE, OBULAPURAM VILLAGE, PITTIGUNTA POST, SA KASINAYANA TALUK KADAPA DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, SCHOOL EDUCATION DEPARTMENT SECRETARIAT, TULLUR, VELAGAPUDI, GUNTUR DISTRICT.522238 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 2 ANDHRA PRADESH. CHENNAI - KOLKATA HIGHWAY, VADDESWARAM, MANGALAGIRI, ATMAKUR, ANDHRA PRADESH - 522302 4. THE NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE REP BY ITS REGIONAL DIRECTOR G-7, SECTOR 10, DWARAKA NEW DELHI-110075 ... RESPONDENTS THE ADDRESS OF THE PETITIONERS FOR THE PURPOSE OF SERVICE OF NOTICE ...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, Order or Direction, more particularly a Writ of Mandamus, declaring the continued inaction. silence and failure on the part of the 3rdRespondent in not considering. processing and according approval to the faculty/staff proposal submitted by the Petitioner institution on 02-05-2026 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 01-04-2026 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 Honourable Court, and 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 pleased to direct the 3'"^ Respondent to forthwith consider the representation submitted by the Petitioner on 02-05-2026 and issue appropriate proceedings 3 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 Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.13909 of 2026 O R DE R: 1. The present Writ Petition is filed questioning the inaction on the part of Respondent No.3 in considering the representation of the Petitioner/Institution, dated 02.05.2026, so as to enable the Petitioner/Institution to effectively give reply to the show-cause notice issued on 01.04.2026 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, dated 05.04.2016 after due inspection. 3. Pursuant to the statutory recognition by Respondent No.4-NCTE, Respondent No.2 granted affiliation to the Petitioner/Institution. While so, vide Proceedings in F.SRC/ 5 NCTE/57/D.El.Ed./AP/2023/141531,dated-27.03.2023, Respondent No.4 had withdrawn the recognition of the Petitioner/Institution along with as many as 57 similarly placed institutions on the allegation of violation of State norms. Questioning the same, Petitioner/Institution along with others filed W.P.No.16353 of 2025 before this Court and this Court passed an Interim Order on 12.11.2025 suspending the impugned order of withdrawal of recognition. 4. Pursuant thereto, a fresh show-cause notice was issued by NCTE to the Petitioner/Institution on 01.04.2026 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/Institution is that the Petitioner/Institution 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 submitted representations on 20.04.2026 and 02.05.2026 to Respondent Nos.2 and 3 respectively for approval of the faculty list so as to enable the Petitioner/Institution to give effective reply to the show-cause 6 notice issued by the NCTE. Since Respondent No.3 was not taking any action thereto, the present Writ Petition is filed. 5. Learned Assistant Government Pleader for School Education appearing for Respondent Nos.1, 2 submitted that the representations of the Petitioner/Institution would be considered and an appropriate decision will be conveyed to the Petitioner/Institution. 6. Heard the counsels. 7. A show-cause notice was issued to the Petitioner/Institution under Section 17 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.” 7 8. The grievance of the Petitioner/Institution is now that to give reply to the said show-cause notice, the competent authority of SCRT has to approve the faculty list and representations were given on 20.04.2026 and 02.05.2026 to that effect to Respondent No.3 i.e., the competent authority. Since time is critical for the Petitioner/Institution to give effective reply, the present Writ Petition is filed. 9. As Respondent No.3 is the competent authority to approve the faculty list to be submitted by the Petitioner/Institution 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/Institution. 10. As there is urgency to the Petitioner/Institution to give reply to the show-cause notice, the Writ Petition is disposed of, 8 with the following directions:- (i) The Respondent No.3 shall examine the representations of the Petitioner dated 20.04.2026 and 02.05.2026 respectively 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/Institution within the time specified above (iii) No order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 08.05.2026 chs 9 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 147 WRIT PETITION NO:13909/2026 Dt. 08.05.2026 chs