Date of reserved for orders : --------------- Date of pronouncement : 03.07.2026 Date of uploading : 08-07-2026 APHC010177232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8899 OF 2026 Between: 1. SRI CHAITANYA UP SCHOOL, REPRESENTED BY ITS CORRESPONDENT SMT.MVENKATA SUJATHA, VIDYA SAGAR, 3RD LANE, MULAGUNTAPADU VILLAGE, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.522238 2. 2. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH VENKATADRI TOWERS, OPP. DGP OFFICE BESIDES HAPPY RESORTS ATMAKUR, MANGALAGIRI, GUNTUR ANDHRA PRADESH522503 3. 3. DISTRICT EDUCATIONAL OFFICER, O/O DISTRICT EDUCATIONAL OFFICE, OPP GOVERNMENT ARTS COLLEGE NEAR NEW COLLECTORATE, KADAPA, ANDHRA PRADESH-516004. ...RESPONDENT(S): Counsel for the Petitioner: Sri Vijay Mathukumilli Counsel for the Respondent(S): GP for Education 2 The Court made the following order: Heard Sri Vijay Mathukumilli, learned counsel for the petitioner and learned Assistant Government Pleader for Education appearing for the respondents. 2. The grievance of the petitioner in the instant writ petition is against the action of the 3rd respondent in issuing the impugned proceedings dated 19.03.2026 cancelling the recognition granted to the petitioner without providing effective opportunity to the petitioner. 3. Learned counsel for the petitioner contended that the proceedings were initiated on account of an issue that had taken place in the neighbouring school, which is located adjacent to the petitioner's school. It is submitted in the said school an unfortunate incident of death of a student had taken place. In the said regard a three men committee was constituted by the District Collector and on the basis of the report submitted by a three-member Committee, without conducting any independent enquiry, the 3rd respondent issued a show-cause notice dated 03.03.2026 calling upon the petitioner to explain the lapses pointed out in the said show cause notice. Responding to the show cause notice, the petitioner sought time. Without granting the time as sought, the impugned proceedings dated 19.03.2026 were passed without affording an opportunity to file objections to the show-cause notice. 4. Learned counsel for the petitioner further contends that no independent enquiry was conducted by the 3rd respondent before passing the impugned proceedings cancelling the recognition of the petitioner's institution. It is 3 submitted that the petitioner has nothing to do with the accidental death of the student in the neighbouring school. 5. It is further submitted that, a sufficient opportunity ought to be given to the petitioner to explain the deficiencies pointed out in the show-cause notice. Therefore, learned counsel for the petitioner prays that the impugned proceedings are required to set aside as the same was passed in gross violation of the principles of natural justice Thus prays for a direction to pass orders afresh after affording opportunity to the petitioner. 6. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for School Education has placed before the Court a copy of the written instructions received from the 3rd respondent dated 06.04.2026. A perusal of the same would reflect that, the impugned proceedings were issued on account of the fact that, during the enquiry, it had come to light the serious lapses on the part of the petitioner in running the subject educational institution and the same were pointed out in the show cause notice as there was no rebuttal despite giving opportunity to submit their objections as requested by the petitioner, the impugned proceedings were rightly passed. 7. Considered the rival submissions. 8. The petitioner was asked to submit the explanation within four days from the date of the receipt of the show cause notice. On receipt of the same immediately on 06-03-2026 the petitioner had sought time of 10 days for filing their objections pointing out the difficult situations that they had to face on 4 account of the death of a student. It is not clear from the impugned proceedings if the petitioner was informed of the extension of the time as requested by the petitioner. However passed the impugned proceedings without hearing the petitioner. Having regard to the submissions made by the petitioner in its letter dated 06-03-2026, the respondents should have afforded another opportunity to the petitioner in compliance with the principles of natural justice. 9. Having regard to the above, the impugned proceedings dated 19.03.2026 are set aside and the matter is remanded to the 3rd respondent. The petitioner shall submit his objections to the show-cause notice dated 03.03.2026 within two (02) weeks from the date of receipt of a copy of this order. Upon filing of such objections, the 3rd respondent shall given an opportunity of hearing to petitioner and pass appropriate orders, within four (04) weeks thereafter. 10. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 03.07.2026 BSK Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 128 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8899 OF 2026 Date: 03.07.2026 BSK