High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents 2 to 4 in not processing the applications the petitioners for shift permission of classes Vl to X including ETR in the new premises and ETR for classes Ito V in the existing premises bearing No. 16-2-841/1, Shareef Tower, Saidabad, Hyderabad as illegal, arbitrary, and violative of Articles 1a, 19(1Xg), and 21-A of the Constitution of lndia and consequently direct the Respondents 2 to 4 to forthwith consider the Petitioner's application dated 1010212O25 and 0310512025 seeking shift permission -of and ETRs for i.r:., Clirs;ses I to V at Premises No. 16-2-841/1 erncl Olasses Vl to X at Premises No 1 i-'1 -'18A/, Saidabad in accordance with law. lA NO: 1 OF 2025 Petition unce' Section 151 CPC praying that in the.ircumsti,lnces stated in the affidavit filed in support of the petition, the High Court rnay be pleased to direct the Respcnderrts 2 to 4 not to take any coercive action ag ?i1st Petitioner No. 2 institution a nrl to allow the petitioners to continue impartin 3 education to students from both tl)€r premises i.e., Classes I to V at Premises 'lt>. 16-2-84111 and Classes Vl to X:rt Premises No. 16-1-1BA/, Saidabad. Counsel for the P'etili()ners: M/s. DR.J. VIJAYALAXMI Counsel for the Respondents: AGP FOR EDUCATION The Court made the tollowing: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.l 5113 of 2025 ORAL ORDER: Heard Dr.J.Vijayalaxmi, learned counsel for the petitioners and learned Assistant Government pleader for Education.

2. Petitioner No.l is a Sociefy and petitioner No.2 IS School. According to the petitioners, respondent No.2 has granted provisional recognition to the petitioners to run classes from VI to X (English medium) for the period from 2014-2015 to 2023-2024. Pursuant,to the said recognition, the petitioners are running school in house bearing No.16-2-84111, Shareef Tower, Saidabad, Hyderabad. Thereafter, they want to shift the said school for classes VI to X from the aforesaid premises to house bearing No.16-1-18/V, Saidabad, towards Saroornagar Road, Hyderabad. They have fulfilled the conditions laid in G.O.Ms.No.l, Education (P.S 2), dated 01.01.1994. Therefore, they have submitted applications dated 10.02.2025 and 2 KL, J ! !' \. lr,ll3 of2025

03.05 20.15 to respondent No.2 with a request to pennit them to shitl tlre iaid school for classes VI to X from the itforesaid premisr:s tc, tlre new premises and also sought for Extcnsion of Temporarl Recognition (ETR). Despite receiving and acknor'ledging the said applications, respondent lrlo.l Cid not act up(,n th: same. Therefore, the petitioners havi: irled the pl'esent u rit petltion.

3. Il is rek:vant to note thatvide order dated 14.05. ]025. on considering. the submissions made by the lealned corLrsel for the petitionr rs and learned Assistant Govemr.,rent Pli,aCer for Educatiorr appearing for respondent Nos.l to 4, 1.his Court directetl re:;lloudent Nos.2 and 3 to consider the app,i:ations dated 10.t)1 .2025 and 03.05.2025 submitted by th,: petitioners and pass,,rpp,ropriate orders in accordance with. lavr rvir,t.in two weeks lio nr .lLe date of receipt of a copy of the said orc e r.

4. [,:arne d Assistant Government Pleader fo' E,ltrcation has prc,dLrcecl the written instructions of respondelt No.4, whereir-.. i1 i; stated that upon the scrutiny and rhysical 3 KL. ,] W P No 15113 or2ozs inspection, the following deficiencies remain unresolyed, unaddressed: l) Additional Sections: State Government approval is required for additional sections, but it was not submitted; 2) Teachers' Qualifications: Discrepancies exist between the qualifications mentioned in the Declaration and those listed in the annexure; 3) Student Toilets: The online date indicates 20 toilets for boys and 15 for girls. However, physical inspection revealed only l0 toilets each for boys and girls; 4) Staff Toilets: Online date shows 4 toilets each for male and female staff. Physical inspection found only 3 each; 5) NSC Bonds: As per norms, NSC bonds should be in the name of the Educational Society and pledged to the District Educational Officer, Hyderabad. This has not been complied with; and 4 KL, J \\ P \o.l;l t3 of2025 6) I'raTic NOC: The Traffic NOC was nc,t ertc,losed. Even a <:opy'. : f the submission letter was not atlach,ld.

5. The sa cl instructions are placed on recorrl. Hou'e ver, the learned r\;si';tant Government Pleader for Edtrcation 1a.led to get instrur:tic'rrs with regard to issuance of any n,lticr: to the petitionr:rs ;rointing out the said deficiencies with a dire clion to comply w th the same by the petitioners. Respondent |J(,.2 has to specifically issue notice directing the petitionen; to comply with the aflorer;aid deficiencies. Respondent No.2 did nol issue any not cr.: l<, the petitioners herein directing thenr to comply with the a,'or:.;aid deficiencies

6. In the tight of the aforesaid deficiencies this Writ Petition is drsposed of directing respondent No.2 to consider the app icatirns dated 10.02.2025 and 03.05..202i; submitted by the pe-itirners seeking permission to shift the schc,ol for classes V[ :r, X from the house bearing No.16-11-841/1, Shareef -l'ow:r', Saidabad, Hyderabad, to house bearing l.lo.16- I - l8/V, Said rbad, towards Saroornagar Road, Hyderrlt,ad, and 5 KL, J w.P.No.l5l l3 ol2025 also for extension of ETR for classes VI to X. Respondent No.2 is at liberry to issue notice to the petitioners directing them to compty with the aforesaid deficiencies by fixing some date and on receipt of the said notice, the petitioners shall comply with the aforesaid def,rciencies. However, respondent No.2 shall complete the entire exercise within two (02) weeks from the date of receipt ofa copy ofthis order.

1. Ir is apt to note that the petitioners also sought for extension of ETR for the classes I to V in the present writ petition but they have not filed copy of the application submitted by them. However, during the course of hearing, learned counsel for the petitioners has produced copy of the application dated 28.05.2025 submitted by the petitioners to respondent No.3 with a request to extend ETR in respect to classes i.e., I to V.

8. In the tight of the same, respondent No.3 is directed to consider the said application dated 28.05-2025 submitted by the petitioners seeking extension of ETR in respect of the I I 6 KL, J \\ l.N, I tI 13 ot2025 o\ classes i,e,. I to V, within two (02) weeks liorr tht date of receipt ol'a lopy of this order l\'lir;c,:llaneous applications, if any pending, shull stand closed. There shall be no order as to costs. /ITRUE COPY// SD/- N RAJAGOPAL DEPUN" REGISTRAR SECTION OFFICER ___/___7 \ To

1. The Princica soc:retary, Education Department, New secrertarizrk:, Building ' i;;[ gunii i: yd :ranad, State of Telangana. . . 2. iffi irAl;;'a i.l.,ii,t o'i"cti,i'schoolinsEducation, Hvderabad R :>gion' Telanqana. in" o]"tri,,t t:dt cational Officer, Hyderabad-District, Telangana c iii; d;;; Eairliiionat officei, s'aidab ad zone, Hvderabad 4 t,i'wv., oR .l. vtLRYnLAxM l, Advocate-[oPu()l onL 5 Two CCs :o GP F:oR Eoucir"ro"li,'il'gh C""t=tbt th" dtate of fr>langana' at 6 Hyderaba,i. [O J f] Two CD C oP,ies -c-i 7 PSK. PSK. \ HIGH COUR.T DATED:171AG12025 ORDER WP.No.151 13 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I CC} TODAY 1l-r,[: {'i '4 $ ', ,.i, ( .J .1t (- t') t N \ ) w