APHC010361252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19323 OF 2025 Between: 1. Cherukuri Vidyalayam (EM) School Cherukuri Educational Society, Rep. By Its the Member-Secretary andCorrespondent Sri Ch. Gopinath, situated in D.No. Door No.7-278, Korukonda Village and Mandal, East Godavari District. 2. Cherukuri Mutually Aided Cooperative Credit Society Limited,, Represented by its President Sri Ch. Gopinath O/o 6-1-621, Phase No.l, Plot No.29, Main Road, Vanasthallpuram, Hyderabad-500070 3. Ch. Gopinath,, S/o Ch. Rama Rao Aged about 42 years Occ- Business R/o 6-1-621, Phase No.l, Plot No.29, Main Road, Vanasthallpuram, Hyderabad-500070 ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of School Education, Secretariat, Tullur, Velagapudi, Guntur District 2. The Commissioner of School Education, Government of Andhra Pradesh B-Block, 4th Floor, Sri Anjenaya Towers, NTTPS Road, Ibrahimpatnam, Vijayawada, Andhra Pradesh - 521456 3. Regional Joint Director of School Education, Zone -II, Kakinada, Andhra Pradesh 2 4. The District Educational Officer, East Godavari Rajamahendravaram, Andhra Pradesh 5. The Mandal Education Officer, Korukonda Mandal, Korukonda ...Respondents 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 writ order or direction more particularly one in the nature of writ mandamus or otherwise declaring the impugned actions and proceedings of the Respondent Nos.2 to 4 vide Memo No. ESE02-17021/37/2021- COMM SE-CSE dated 27-4-2023 of the CSE, Andhra Pradesh, Proceedings in L.Dis.No. 281424100030/East Godavari/2025 dated 3-6-2025, Proceedings in Rc.No.281424100027- A4/EG/2024 dated 2024 respectively for recognizing school of I to V and VI to X for a period of 1 years instead of 8 years as mandated under GO. Ms. 38, School Education (Prog-II) Department, Dated 22-4-2023 issued by the 1st respondent, is illegal, arbitrary and unconstitutional and violation Article 14, 21 and 21A of the Constitution of India and provisions of AP Education Act 1982 and GO. Ms. 38 School Education (Prog-II) Department, Dated 22-4-2023 issued there under and Right to Education Act 2009 and consequently to direct to direct the 2nd respondent to enforce order of the 1st respondent vide GO. Ms. 38 School Education (Prog-II) Department, Dated 22-4-2023 by communicating to the respondent no. 3 and the respondent no. 4 to substitute the words and figures 7 (Seven) years place of l(one) year and 2025-26 to 2032-33 in place of 2025-26 only in proceedings in L.Dis.No.281424100030/East Godavari/2025 dated 3-6-2025 and words and figures 2024-25 to 2032-33 for 8 years in place of 2024-25 to 2024-25 for 1 year in Proceedings in Rc. N0.281424100027-A4/EG/2024 dated 2024 respectively for recognizing school of VI to X and I to V or otherwise the future of 700 students and 70 teachers and other non-teaching staff will be jeopardized and will suffer Irreparable loss and injury and to pass such other orders. IA NO: 1 OF 2025 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 direct the 2nd respondent to enforce order of the 1st respondent vide 3 GO. Ms. 38 School Education (Prog-II) Department, Dated 22-4-2023 by communicating to the respondent no. 3 and the respondent no. 4 to substitute the words and figures "7 (Seven) years" place of l(one) year and "2025-26 to 2032-33 in place of "2025-26 only' in proceedings in L.Dis.No. 281424100030/East Godavari/2025 dated 3-6-2025 and words and figures "2024-25 to 2032-33 for 8 years" in place of "2024-25 to 2024-25 for 1 year" in Proceedings In Rc.No.281424100027-A4/EG/2024 dated 2024 respectively for recognizing school of VI to X and I to V or otherwise the future of 700 students and 70 teachers and other non- teaching staff will be jeopardized pending disposal of the above writ petition and to pass such other orders. Counsel for the Petitioners: PILLADA SATYANARAYAN Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following order: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.19323 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent Nos. 2 to 4 in giving recognition to the Petitioner No.1-School for a period of one year for the academic year 2025-2026 vide Proceedings dated 03.06.2025, instead of 8 years, as mandated under G.O.Ms.No.38, School Education (Prog-II) Department, dated 22.04.2023, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows: Petitioner No.1-School is an English Medium School located at Korukonda Village and Mandal, East Godavari District. The School was established in the year 2001 and presently the School has about 700 students, apart from 70 teachers and non-teaching staff. Petitioner Nos. 2 and 3 are the absolute owners of the property, where Petitioner No.1- School is located, having purchased the same vide registered Sale Deeds bearing document Nos.1832/99 and 1833/1999, dated 20.09.1999. Petitioner Nos.2 and 3 in turn had executed 5 a registered Lease Deed in favour of the Petitioner No.1 on 24.12.2023. However, the Respondent-authorities vide impugned proceedings recognized Petitioner No.1-School only for a period of one year for the academic year 2025-2026 instead of 8 years as per the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 as amended vide G.O.Ms.No.38, School Education (Prog-II) Department, dated 22.04.2023. 3. In the Counter Affidavit filed by the Respondents, it is stated that as no lease is executed in the name of Petitioner No.1, and therefore, the recognition was extended only for a period of one year. 4. Learned counsel for the Petitioners would submit that the reason given in the Counter-Affidavit cannot be sustained in the light of the registered documents filed along with the Writ Petition. 5. Learned Assistant Government Pleader appearing for the Respondents would submit that at the time of granting recognition to the said school, these documents are not available and therefore, the recognition was restricted for a period of one year i.e., for the academic year 2025-2026. 6 The learned Assistant Government Pleader further submits that in the event the Petitioner No.1 submits an application for granting recognition for the academic year 2026 onwards including the copies of the registered Sale Deeds and Lease Deed, the Respondent-authorities would consider the same and pass appropriate orders in accordance with the rules. 6. Considering the submissions, the Writ Petition is disposed of, with the following conditions: i) Petitioner No.1 shall submit a representation to the Respondent-authorities for grant of recognition as per the A.P. Right of Children to Free and Compulsory Education Rules, 2010 as amended vide G.O.Ms.No.38, School Education (Prog-II) Department, dated 22.04.2023 including copies of the registered Sale Deeds and registered Lease Deed, as expeditiously as possible. ii) On receipt of the same, the Respondent-authorities shall examine the same and pass appropriate orders for extension of recognition of Petitioner No.1-School in accordance with the rules stated above. iii) There shall be no order as to costs. 7. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 18.03.2026 eha 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19323 OF 2025 Dt.18.03.2026 eha