APHC010130392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6884/2026 Between: 1. RAMACHANDRA JUNIOR COLLEGE, REPRESENTED BY ITS CORRESPONDENT SRI. VEERAMANENI VENKATA SATYA JAGADEESH KUMAR, ELURU MANDAL, JANGAREDDIGUDEM URBAN RAJULA COLONY, OPP ZP GIRLE HIGH SCHOOL ELURU DISTRICT, ANDHRA PRADESH - 534447. 2. THAPAS JUNIOR COLLEGE, REPRESENTED BY ITS CORRESPONDENT SRI. BUDDALA GOPALAKRISHNA, NEAR ALAPATIGANGA BHAVANI FUNCTION HALL, JANGAREDDIGUDEM, ELURU DISTRICT, ANDHRA PRADESH - 534447. 3. SRI PADMAVATHI MAHILA JR KALASALA, REPRESENTED BY ITS CORRESPONDENT SRI. K. NAGESWARA RAO, ELURU ROAD, JANGAREDDYGUDEM, ELURU DISTRICT, ANDHRA PRADESH - 534447. 4. SRI VENKATESWARA JUNIOR COLLEGE, REPRESENTED BY ITS CORRESPONDENT SRI. S. SATYANARAYANA, ELURU ROAD, JANGAREDDYGUDEM, ELURU DISTRICT, ANDHRA PRADESH - 534447. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF SCHOOL EDUCATION, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.522238 2. THE BOARD OF INTERMEDIATE EDUCATION REP BY ITS SECRETARY, REP BY ITS SECRETARY, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR, ANDHRA PRADESH – 2 522501 3. THE REGIONAL INSPECTING OFFICER, BOARD OF INTERMEDIATE EDUCATION, ELURU, KOTADIBBA, OPP SUB JAIL ELURU DISTRICT, ANDHRA PRADESH.534001 4. SRI VIGNAN JUNIOR COLLEGE, REPRESENTED BY ITS CORRESPONDENT/SECRETARY SRI. PODAPATI BHASKARA RAO ASWARAOPET ROAD, OPP RAGHAVA CAFE, JANGAREDDIGUDEM, ELURU DISTRICT ANDHRA PRADESH.534001 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondents 2 and 3 in entertaining and processing the application made by the 4rty Respondent in File No. 32712 seeking relocation of Sri Vignan Junior College to Jangareddigudem, Eluru District, as illegal, arbitrary, contrary to Section 20 of the Andhra Pradesh Education Act, 1982 and violative of Articles 14 and 19(1 )(g) of the Constitution of India and further contrary to G.O.Rt. No.9, School Education (Exams) Department, Dated 30-01-2026 and consequently direct the Respondents 2 and 3 to forthwith return the application/file bearing File No. 32712 submitted by the 4rt Respondent seeking relocation of Sri Vignan Junior College to Jangareddigudem, Eluru District, as the same is not maintainable in law, and pass such other orders. 3 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 Respondents 2 and 3 to initiate appropriate action against the 4th Respondent institution for illegally advertising, canvassing and collecting admissions from students within the territorial jurisdiction of Jangareddigudem, Eluru District without obtaining prior permission, recognition or relocation approval from the competent statutory authorities, and consequently restrain the 4rt Respondent from conducting admissions, issuing publicity or operating any Intermediate course in the said locality, pending disposal of the Writ Petition, and pass such other orders. IA NO: 2 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 Respondents 2 and 3 not to process or grant any permission to the 4th Respondent for relocation of Sri Vignan Junior College to Jangareddigudem through File No. 32712, pending disposal of the Writ Petition and pass such other orders. IA NO: 3 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 May be pleased to vacate the interim orders granted in W.P. No. 6884 of 2026 dt.11.03.2026 by dismissing the writ petition and passing such other orders. 4 IA NO: 4 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 May be pleased to vacate the interims orders dated 11.03.2026 passed in I.A.No. 2 of 2026 and dismiss the present Writ Petition with costs and pass such other orders. Counsel for the Petitioner(S): 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. K V RAGHU VEER 2. B RAMESH SC FOR BOARD OF INTERMEDIATE EDUCATION 3. GP FOR HIGHER EDUCATION The Court made the following: 5 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.6884 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent Nos.2 and 3 in accepting and processing the application of Respondent No.4 in File No.32712 seeking relocation of Respondent No.4-College to Jangareddigudem, Eluru District, as illegal and arbitrary and contrary to Section 20 of the Andhra Pradesh Education Act, 1982 R/w G.O.Rt.No.9, School Education (Exams) Department, dated 30.01.2026 and to declare the same as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioners are Private Junior Colleges having requisite permissions. Vide G.O.Rt.No.9, School Education (Exams) Department, dated 30.01.2026, the State Government had notified the requirement of 32 new private un-aided Junior Colleges in 26 identified Mandals and six new private un-aided Junior Colleges in two identified Municipal Areas. According to Mandal Wise Viability attached to the said G.O., Jangareddigudem Mandal was not notified to be the identified Mandal for the establishment of a new un-aided Junior College in Jangareddigudem, Eluru District. However, the grievance of the Petitioners is that Respondent No.4 had submitted an application for establishing a Junior College in Jangareddigudem and Respondent 6 Nos.2 and 3 are processing the application of Respondent No.4 in File No.32712 which was filed seeking relocation of Respondent No.4-College to Jangareddigudem, Eluru District. Hence, the present Writ Petition is filed. 3. The learned Standing Counsel for Board of Intermediate Education, Sri B. Ramesh appearing for Respondent Nos.1 and 2 submits that the application of Respondent No.4 would be considered in accordance with the provisions of Section 20 of the A.P. Education Act, 1982 and Rules framed thereunder taking note of G.O.Rt.No.9, School Education (Exams) Department, dated 30.01.2026. Sri K. Raghuveer, learned counsel for Respondent No.4 submits that it is for the Respondent-authorities to consider the application in accordance with Act and Rules and no cause of action is available at this point of time. 4. Heard Sri Mathukumilli Srivijay, learned counsel for the Petitioners as well as learned Assistant Government Pleader for Higher Education for Respondent No.1, Sri B. Ramesh, learned Standing Counsel for Board of Intermediate Education for Respondent Nos.2 and 3 and Sri K.V. Raghuveer, learned counsel for Respondent No.4. 7 5. The State Government vide G.O.Rt.No.9, School Education (Exams) Department, dated 30.01.2026, had identified viability Mandal Wise and Municipal Areas to start a new un-aided Junior Colleges for the year 2026-2027. As per the said G.O.Rt.No.9, dated 30.01.2026, Jangareddigudem, Eluru District, was not identified to be the Mandal area where a new unaided junior college can be established. In the entire Eluru District only “Musunuru” Mandal was opined to be viable to start a new private Junior College unless, viability and need are established, no application for shifting or starting a new College can be considered. 6. In the light of the submissions made by the learned Standing Counsel, the Writ Petition is disposed of, with the following directions; i) Respondent Nos.2 and 3 shall take note of the provisions of Section 20 of the A.P. Education Act, 1982 and Rules framed thereunder taking note of G.O.Rt.No.9, School Education (Exams) Department, dated 30.01.2026 while considering the application of Respondent No.4 for shifting of Respondent No.4-College, Jangareddygudem, Eluru District; ii) Till such time, Respondent No.4-College shall not undertake to admit any students at their proposed College in Jangareddygudem, Eluru District; iii) No order as to costs. 7. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 07.05.2026 IS 8 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.6884 of 2026 Date: 07.05.2026 IS