APHC010342952026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18259/2026 Between: 1. SREE SAL ENGLISH MEDIUM HIGH SCHOOL, REPRESENTED BY ITS CORRESPONDENT SRI. THOTA VISWESWARA REDDY NEAR YARRASANIVARIPALLI BUS STOP, TALUPULA VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.522238 2. THE COMMISSIONER AND DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION GOVERNMENT OF ANDHRA PRADESH VENKATADRI TOWERS, OPP. DGP OFFICE BESIDES HAPPY RESORTS ATMAKUR, MANGALAGIRI, GUNTUR ANDHRA PRADESH.522503 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA, ANDHRA PRADESH.516001 4. THE DISTRICT EDUCATIONAL OFFICER, PUTTAPARTHI, SRI SATYA SAI DISTRICT, ANDHRA PRADESH.515134 5. THE DEPUTY EDUCATIONAL OFFICER, DHARMAVARAM, SRI SATYA SAI DISTRICT, ANDHRA PRADESH.515134 ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following Order: Heard Sri Vijay Mathukumilli, learned counsel for the petitioner and the learned Government Pleader for School Education appearing for the respondents. 2. The petitioner is an Educational Institution imparting education to Grades I to VII. The petitioner had sought permission to upgrade the classes from VIII to X for the academic year 2026-27. It is contended that it has duly complied with all requirements under G.O.Ms.No.1 dated 01-01-1994. The petitioner's application was initially returned on 22-02-2026 by the 2nd respondent, pointing out certain deficiencies and stating that the school building is not in conformity with the statutory regulations. The file was accordingly returned to the 3rd respondent by the 2nd respondent to resubmit the proposal only after due rectifications. Accordingly, the proposal was resubmitted to the 3rd respondent by the 4th respondent, District Educational Officer, vide proceedings dated 27-05-2026 by taking note of the compliances. The petitioner's application, after due process, was submitted by the 3rd respondent to the 2nd respondent on 02-06-2026. The 2nd respondent, vide the impugned proceedings dated 22.02.2026, returned the proposals, observing that since the academic year had already commenced, 3 the approval for commencement of the higher classes cannot be granted belatedly, and granted liberty to the petitioner-institute to resubmit the same during the next academic year. Assailing the same, the instant writ petition is filed. 3. The learned counsel for the petitioner argues that the petitioner submitted its proposals diligently well in advance; however, the same were returned with certain objections. After complying with the deficiencies pointed out, the file was resubmitted in time before the commencement of the academic year. However, the orders were passed subsequently by which time the academic year had just begun. It is contended by Sri Vijay Mathukumilli, learned counsel for the petitioner that to meet the prerequisite conditions for grant of approval, the petitioner had recruited staff and provided for the infrastructural facilities. As all the authorities of the department have recommended the grant of approval even before the academic year begins, and as the petitioner is currently having permission up to VIIth grade, the VIIth grade students have been promoted to the VIIIth grade in the same school and have been attending the classes accordingly. The learned counsel for the petitioner thus prays for a direction to the respondents to grant approval to the petitioner-institution for grades VIII to X. 4. The learned Government Pleader for School Education appearing for the respondents contend that impugned proceedings have been issued in due compliance to the procedure established under G.O.Ms.No.1 dated 01-01-1994. 4 5. Considered the rival submissions. The petitioner had filed an application on 13-10-2025, in terms of Rule 6 of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 (hereinafter referred to as ‘the Rules’), Rule 7 of the Rules provides that the competent authority shall cause such verification of the proposal as is necessary and shall communicate its decision within a period of three (03) months from the date of receipt of the application. In the present case, the competent authority communicated the proceedings of returning the file on 22-02-2026, with an observation that the same shall be submitted after curing the deficiencies pointed out therein. The said decision to return the proposal was taken after three months; it was not an order of rejection of the approval; the proposal was only returned to the 3rd respondent for resubmission after compliance with the deficiencies. In the process of resubmitting the file, according to the petitioner, it took some time. In such circumstances, it cannot be said that the petitioner did not approach the department in time. Having regard to the same, the order of the 2nd respondent observing that the petitioner should make fresh proposals during the next academic year i.e., 2027-28 is not justifiable and is unsustainable. 6. Accordingly, the impugned order dated 29-06-2026 is set-aside. The matter is remanded back to Respondent No.2 for placing the proposal submitted by petitioner seeking grant of approval, for conducting classes for VIII to X Grades (English Medium) for the academic year 2026-27 before the 5 Respondent No.1. Upon such submission, the Respondent No.1 shall pass appropriate orders in accordance with law within two (02) weeks from the date of receipt of the copy of this order. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 21-07-2026 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18259/2026 Dated: 21-07-2026 MSI