The High Court · 2025

PetitionunderArtigle??6qftheConstitutipnoflndiaprayingthatinthe circumstances statpd in the effidavit filed therewith, the High court may be pleased to issue a Writ 9f rnandamus or any other appropriate Writ' Order or Orders, Direction gr Dirgctiong to {eclare the inaction of the Respondent No 4 who is harassing the sgns of the petitioner studying class 3rd and class 1st for nonpayment of feq by nqt allowing them to enter school premises fqr classes and examinations until school fee is paid and Harassing the children over non- payment or dqlayed payment of fees cruelly and causing mental hqr3ssment Here in which is being ?rbitrary illegal unwarranted and unsugtainable violating Articlq 14 and 301 of the constitution of lndia qnd violates $ection 75 of the Juvelilq Justice (Care and Proteciion of Children) Act, 2015 Consequel{ly direct thq _ respondents to ta <e proper immediate steps to allow the cl ildren to attend classes regularly sc, that they may not lose the academir) year and issue such other writ or order or Direction as deemed fit and proper ir the r:ircumstances of the ca-se. lt is also just arjd necessary that this Hon'ble cc urt may be pleased tg direct the respondrlnts to take proper immediate steps tc allov,/ the children to attend classes regtrlarly po thqt they may nqt lose thq acrrdqmir; year qnd issug such other Writ oi Order ar Direction as deemed fit and p -'nding dispoqgl of the above writ petition IA NO: oF 202s Petition under section 'ls1 cpc praying that in the crrcums,tances stated in the affidavit filed ir: supBgrt 9f the petition, the High ceurt ma,,r be pleased to direct the responde nts tg take proper immqdiatq steps to allow the children tO attend clasges regularly 99 that they may net lose the acaCemic year afld issue such other writ or order or Directipn as deemed fit and pr,nding disposal of the above writ pelition Counse! for the Pet,tioner : Mts.Dr.M MAOHAVT LATHA Counsel for the Reppondgnts No.,f tql : GF FOR FCHOOL Counsel for the Respondentq No.4 : The Court made the foilowing; ORDER :- ITDUCATION i 'l)"IlJ! Fllt' k t: !, i h r t: t. F * r L + I I $ r t' HON'BLE SRI JUSTICE I( LAKSHMAN WRIT PETITION No.11184 OF 2025 ORAL ORDER Heard leamed counsel for the petitioner and leamed Assistant Govemment Pleader for School Education.

2. The petitioner herein is the father of two children i.e., Master J. Yuvansh Jatoth, studying in 3'd class with I.D. No.2lOISl445 and Master J. Rudransh Jatoth, studying in 1't class with I.D. No.2l0IS1444 in respondent No.4 School. There is dispute with regard to payment of school fee between the petitioner and respondent No.4. According to the petitioner, the school fee collected by respondent No.4 is exorbitant and is also in violation of the provisions of the Right to Education Act, 2009 and Telangana Education Act,

1980. Therefore, he has submitted a representation dated 23.07.2024 to respondent No.3 with a request to take action against respondent No.4. Despite receiving and acknowledging the said representation, respondent No.3 did not act upon the same.

3. On the other hand, respondent No.4 has stopped the children of the petitioner in attending the classes from 03.03.2025 onwards. The said action of respondent No.4 is illegal. Therefore, the petitioner I I ./ / z K ,,J WP Nolt184of2025 filed the present writ petition to declare the action of ret pondr'nt No.4, who is haras: ing the sons of the petitioner on the giound of non- payment of sr'trool f'ee as illegal and for a consequentral dirr:ction to respondent No.3 to take appropriate and immediate stel)s to e llow the children of th,: petitioner to attend classes regularly so that trrey may not lose the academic year

4. \\ht:r'eas. Ieamed Assistant Govemment Pleader fo: School Education, on instructions, would submit that respondetLt No.. i has not receivcd any representation from the petitioner, ntuch less the representation dated 23 .07 .2024

5. Though the petitioner is claiming that he has s rbmitted representation dated 23.07.2024, he has not filed cop', of tlLe same. When this Co rr1 insisted leamed counsel for the petitioner to produce copy of the same, he is not in a position to file thr: sam.) except fumishing S.l. No.16220 of 2024, dated 23.07.2024. Leamed Assistant Go,rt:mment Pleader for School EducatiorL disp utes the 3 KL,J w P. No I t164 of2025

6. Even according to the petitioneq respondent No.4 has stopped the children from attending the classes from 03 -03 -2025 onwards. Thereafter, he has not submitted any representation.

7. As discussed above, the petitioner is seeking to dcclare the action of respondent No.4 in preventing his children from attending classes as illegal. Respondent No.4 is a private entity. Therefore, the present writ petition is not maintainable. The petitioner herein failed to make out any case to substantiate that respondent No.4 has violated any statutory duty to maintain the present writ petition.

8. It is apt to note that Section - 18 of the Telangana Education Act deals with 'Govemment to provide facilities for imparting education', while Section - 16 of the fught to Education Act deals with 'examination and holding back in certain cases', and the same are extracted hereunder: "section - 18. The Govemment may, for the purpose of implementing the provisions of this Act, provide adequate facilities for impartihg general education, technical education, special education and teacher education in the State by;- (a) establishing institutions; and maintaining educational { I l l I I l l I 4 X L,J wP N( lll84 of2025 (:) permitting any local authority or a pri.rate body of persons to establish educational inr titutions and maintain them according to such sp,:,;ifications as may be prescribed; and (c r 12fting, from time to time, such other stcp i as thr l may consider necessary or expedient.,' "1ti, Examination and holding back in cerlain car;r:s.- (l) There shall be a regular examinatiotr in the hfth class and in the eighth class at the enc of evrry academic year. (: ) If a child fails in the examination refeirec to in sub-section (l), he shall be given additional insluction and granted opportunity for re- cxe nination within a period of two months fr rm the (latc ofdcclaration of the result. (3) The appropriate Govemrnent may all ttv schcols to hold back a child in the fifth class or in the e ighth class or in both classes, in such manrer and subject to such conditions as may be prerx:ribed, if he faits in the re-examination reft rred ro in sub-section 12): Prcvidcd that the appropriate Govemment may dec cle not to hold back a child in any class till the conLpletion of elementary education. (4 No child shall be expelled from a school till the :,rmpletion of elementary education.,, I 5 KI,J W P No I ll84 of2025

9. As per the said provisions, ifthe petitioner has any grievance against respondent No.4, he has to submit a representation to respondent No.3, who is the competent authority to consider, enquire and take action against respondent No.4.

10. In the light of the aforesaid discussion, this writ petition is disposed of granting tiberty to the petitioner to submit fresh representation to respondent No.3 narrating the aforesaid facts with a request to take action against respondent No.4, within one (01) week from today. On receipt of the same, respondent No.3 shall consider and dispose of the said representation strictly in accordance with the procedure laid down under the Right to Education Act, 2009 and Telangana Education Act, 1980. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in t!.qrytttp.rition shall stand closed SD/-A. SRINIVASA REDDY ASSISTANT REGISTRAR I I To, 6FFIcER 1 The Princip^al Secret?ry Dep4rtment of School Education Secretariat Buildings SECTION Saifabad, State of Telangana, Hyderabad. //TRUE COPY//

2. The Commigsigner and Director of School Education, Government of Telangana Saifabad, Hyderab'ad. ' -'- - -- 3. The District Education Off,lcer, 5th Floor, Ranga Reddy collectgrate office [uilding, La(di-ka:Poot, Krratrhtalao, ftiqerafiao-sorjilOq 4. One CC to Mls.Dr.M MADHAVI LATHA, Advscate. IOPUCI 5. lwo CCs to GP FOR SQHOOL EDUCATTON, High Court for the State of - Telangana. [OUT] ' ,1' 6. Trvo CQ Copies. esx _161$.,, BS ty h I L F F i E t9 ti, F F r Y. t:r i.- E L I & F B r HIGH COURT DATED:1510412025 (:C TODAY zl! 1l e oF T€( 4 i.( ."$ N\$' i. . ) Jii.l * ORDER WP.No.11184 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4xTI