The High Court · 2025

13/1212024 passed by 3rd respondent until dispose of the writ petition. Counsel for the Appellant: SRI K. MALLIKARJUN Counsel for the Respondents: SMT. A. SANTHOSH KUMARI, AGP FOR SCHOOL EDUCATION The Court Delivered the following: JUDGMENT I , t I t I THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND I'HE HON'BLE SMT. JUSTICE RENUKA YARA WRIT APPEAL No.212 of 2o25 JUDGMENT' iPer tl'te Hon'ble the Acting Chief Justice Sujog PauL): Sri X Mallikarjun, learned counsel for the appellant and Smt. A. ii:Lnthosh Kumari, learned Assistant Government Pleader for School Education, lor the respondents 2 3 Heeu d on admission This Intra-Court appeal assails the order dated 31 .O 1.2025 passed by a learned Single Judge of this Court in W.P.No.276,5' of 2025. 4 Lear ned counsel for the appellant subr:eits that the appellant -qchool preferred an application dated 30.03.2024 seeking permission to open the school from Nursery to class VIII" A conjoint reading of Rules 7 and 8 of the Andhra Pradesh Educationa l Institutions (Establishment, Recognition, Administration and Control of Schools U.nder Private Managem errts) Rules, 1993 (for short, "the Rules"), the permission i'o the appellant is deemed to have been granted. Midway can:eiling the permission or directing thr: appellant to t a I { i I I I t i : 7 close the school is bad in law, more so, when number of students are studying in the said school. In view of deemed permission being granted, learned Single Judge was not justified in rejecting the writ petition

5. The other side supported the impugned order and urged that no deemed permission was ever gralted. For the purpose of permission to establish an Education Institution upto Primary/Upper Primary, the requisite forma1ities are as under: "Required documents/certificates to establish an Educational Institution up to Primarv/Upper Primaty/ Secondary level a:'

1. Should be apply through Online: https:/ schooledu.telangara.gov. in/

2. Irspection fee Should be remit throu challan pnmary/ Primary/ Upper

3. School Endowment fund Should be deposited through NSCs (Post office) & pledge the same in favour of Dist. Educational Officer prmary/Plmry/Upper Up to Rs.25OOO/' Rs s0000/

4. Copy of Educational Society & By-1aws

5. Land particulars : If it is own, Registered Sale deed copy) in favour of School If it is on rent, Registered l,ease copy] Educational Society

6. Playground particulars (with plan & documental evidence)

7. School building approved plan copy \ \ I

8. No Objectiort (1,:rtihcates 3

1. Fire NOC 2. Trafhc NOC 3. Municrpa-l/ GP \OC

9. Structural sottndness certificate :

10. Sanitary ('crlilical.e :

11. Schooi buikling Sketch Plan

12. Staff particttlars with their qualihcation certihcates

13. School Fee islructure

14. School Salarl' Structure

15. Surrounding schools list

16. School bui1,1ing & Playground colour photographs

17. List of LibreLry books

18. Lrst of laboI'atory equiPment

19. List of Science models

20. List of audro & video material 2 1. List of Paly material

22. Ltst of FurrLilrLre

23. School B:rnk account details

24. Declaratior-..s 1- Following the Time to Time Government instructions 2. Safe Drinl<ing water 3. Grills to the balconres 4. Zebra crossing in front of school bullding 5. Providing escort to the, children while crossing the road 6. Will fallorv the Govt. Text Books 7. Wili follow the vacatior: s, holidays ald midterm as per Govt., orders 8. Providrng the suggesti,)r-l & complaint box at School premises 9. Provrding of First aid box at school premises 10. Following the Stuc.ents safety & security guidelines i:: terms of G.O.Ms.No.36 Dated. 16. 7'.2.2Ot7 " \ 4 a The appellant has not fiied any document to show that any such requisite information and formalities were completed. Thus, no fault can be found in the impugned order, more so, when the Department is directed to make endeavour to accommodate the pupil studying in the said school.

6. 7 . We have heard learr-re d counsel for the parties at length. Rule 7 of the Rules nowhere specifies about the deemed permission. Rule 7 reads thus

7. Scrutiny and Grant of Permission: (1) On receipt of an application the competent authority shall cause such verihcation of the proposal as is nece ssary and sha1l communicate the decision thereof by the 3 1"t January. In case of refusal of permission the order sha1l contain reasons. (2) The grant of permission shall be in Form II. 8 Rule B, on which reliance is placed, shows that the permission granted or deemed to have been granted under Rule 7 by lhe competent authority is valid only upto the end of July of every year. Firstly, there exists no material to show that permission was either expressly or impliedly granted under Rule 7- of tLre Rules. Secondly even assuming it was granted, its life \ 'ii Ii 'l' I J 'v;r' 5 came to an c)n(1 in July, 2024 For this reasotl' no error can be found in the aL<:tion of the Department in directing t1:re appellant to close the schooi. Learned Single Judge has takerL a piausible view which does not warrant any interference' o The appeal sans substance and is hereby dismissed' No costs. Interlocutory applications, if any pending- shall also stand closed.. To, //TRUE COPY// SD/-B. SATYAVATHI GISTRAR OFFICER

1. One CC to Sri K. Mallikarjun, Advocate [OPUC] 2. Two CCs b GP for School Education, High Court for the Starte of Telangana' at Hyderabad [OUT]

3. Two CD (lopies TJ w HIGH COURT DATED:1910212025 JUDGMENT WA.No.212 of 2025 : I I I I I t DISMISSING THE WRIT APPEAL WITHOUT COSTS eLl , lr< irE STa 1s t 2 4 ltAR 2T25 t l) t z a *