The High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Orders or Direction, particularly in the nature of Writ of Mandamus A) Declaring the action of the Respondent Nos.4 in issuing the proceedings in Rc.No. 244BlB5l2O24 Dt. 19.05.2025 directing to vacate the buildings and further stated action will be initiated for the cancellation of permission and recognition without any further notice as well as not to take fresh admissions until issue is settled as being bad, arbitrary, illegal, mechanical and - contrary to provis,ion ,)'The Educatron Act, 1982 and A.P. Educttirrnal lnstitution (Establishment, Fle co,lrition, Administration and Control of Scho rls under Private [\ilanagement), Ruler, 1993 and Right to Education Act, 2r)09 and- B) Consequentially s,et-aside the proceedings of Respondenl l'Jo.4 in vide proceedings bearir g FR';. No. 2448i8 512024 Ot. 1 9.O5.2025. lA NO: 1 OF 2025 Petition un,l,-.r il :ction 1 51 CPC praying that in the circurn';ta nces stated in the affidavit filed ir s upport of the petition, the High Court may re pleased to suspend the proc,:,:dirr,qs of Respondent No.4 in vide proceeding; bearing Rc.No. 2448185 12024 01. 1 9.()11.2025. Counsel for the Petiti,oner : SRI R.ANURAG Counsel forthe Respondents: AGP FOR SCHOOL EDUCATION The Court made the following: ORDER I I t ! t THE HONOURABLE SMT. JUSTICE K. SUJANA WRIT PETITION No. 15439 of 2o25 ORAL ORDER: This Writ Petition is hled seeking the following relief:- "to issue a Writ Orders or Direction particularly in the nature of Writ of Mandamus: A) Declaring the action of the Respondent Nos.4 in issuing the proceedings in Rc.No.2418 /85 /2024 Dt:19 05 2025 directing to vacate the buitdings and further stated action will be initiated for the cancellation of permission and recognition without any further notice as well as not to take fresh admissions until issue is settled as being bad, arbitrary, illegal, mechanical and contrary to provision of Th: Education Act 1982 and A.P. Educational Institution Establishment Recognition Administration and Control of Schools under Private Management Rules, 1993 and Right to Education Act 2009 and; B) Consequentially set-aside the proceedings of Respondent No 4 in vide proceedings bearing Rc No 2448/8512024 Dt 19 05 2025 and; C) Pass such further order or orders as this Hon'ble Court maydeem fit and proper in the circumstances of the case..,"

2. Heard Sri R. Anurag, learned counsel for the petitioner i I I sl(5,.J W.P.lYo t5 +39 of 2025 \ and l€rarn:11 Assistant Government pleader [or ScLLool Educaticrr 1cr respondent Nos.1 to 5

3. I-errrrred counsel for the petitioner submittert that the petitione- rs the General Secretary and :Lurhorized corresp f rdi .n t of Ambitus The School, establishr:r I i t 2024 under the ltme of I\ra Education Society. The s,;hool was granted re< cgnition from Pre-Primary to Class l,./llt by the competcrrt a r:thorities for the academic years !?t ,)4 -25 to 2033 34, a lter fulhlling all the required norms, in:luding sanitatiorr, s,tructural soundness, fire safety, trrrd traffic clearanr:e ( (rtificates. The school has been op:ra[ing smoothly rr-r aintaining proper records, employing qr ralified teachers, t r d ensuring student welfare. Hor.i.< vc :, the petitionor ir. aggrieved by the arbitrary and hig.r t Lancled action c,f Re:rpondent No.4, who issued proceecl:ngs dated

19.05.20:'5 Cirecting the school to vacate the prerrLis,:s and not to [E k€ fresh admissions, threatening cancellat ion of recognition r,., thout giving any proper notice or oppo,-tunity o[ being hea'cl.

4. Lcalnt c counsel for the petitioner further s rbrnitted that the actirr : of respondent No.4 is based on a rep,or, from { i; 7 3 SKS'J w.P.No.15439 of 2025 respondent No.S regarding alleged issues with the NOC and Occupancy Certificate ln response to the show-cause notice idsued earlier on 07.lO-2O24, the petitioner had submitted all the relevant documents to the concerned authority on 02| L.2024. Despite this, the impugned order falsely claims non-submission of documents and proceeds mechanically without considering the reply or conducting any inquiry' He contendedthattherecognitiongrantedbyrespondentNo.4 standsmergedwiththerecognitiongrantedbyrespondent No.3 for Class VIII for 1O years, thus taking the matter out of the jurisdiction of Respondent No'4'

5. He further contended that respondent No'4 is not the competent authority to cancel recognition of a secondary school, and even if it were, it has acted without jurisdiction' without notice, without proper enquiry' and in violation of the principles of natural justice The petitioner submits that the rejection of the occupalcy certihcate by HMDA was responded to on 30.05.2025 with clarihcations' and hence' the issue is still pending resolution and that penal actions like eviction and denial of admissions are unjustihed' particularly when the recognition was granted after proper verification' Such 4 SKS,J W.P.No- 54:19 of 2025 f \ actions tlrre aten the future of students, the livelihoocl of staff, a-nd thr: ;ur ctioning of the school. Therefore, he p cal'ed the Court to sct aside the impugned proceedi:r11s dated

19.05.ir0:li;.

6. C)r th: other hand, learned counsel for the rcsp:ndent submitt,:r I 't L at the Educational Authorities had idr :ntified certain l rpst's in the school building, which le I to the issuancc of r show cause notice dated 17.7O.2O24 However, upon rec,)iv r g the notice, the petitioner failed to sllllrnit the required Vo Objection Certificate to the respondent iru,hority. Therefore lrere is no illegality in the issuanc: of the proceedirgs c.ated 17.10.2024. The counsel further sut:mitled that, as per t).O.Ms.No.1, Education (PS) Departrnent dated

01.01.19(r4, lhe respondents have the authority t,r take action, inchrciing cancellation of recognition or pernLis,;ion in such cirr Llnlrtances. Therefore, he. prayed the Ccurt to dismiss tlre ,r rit petition.

7. In [igl-r I of the submissions made by bol h lr:arned counsel ancl rrfter perusing the material on record, it is noted that the p€ t tioner claims to have already subrn ittr :d the relevanr c oc rments to the municipal authority. Hcu ev,:r, the '?-Rrrr-rl I III.P.No.l5439 0r ZU25 municipal authority has not been made a party to this writ petition. The petitioner also states that the municipal authority has forwarded these documents to the respondent authority. In view of this, the petitioner is hereby directed to obtain the No Objection Certificate from the municipal authority and submit the same to the respondent authority without delay. The respondent authorit5r is further directed to duly consider the submitted documents and representation made by the petitioner. Meanwhile, the petitioner is permitted to take fresh admissions, subject to the hnal disposal of the representation pending before the respondent authority.

8. With the aforesaid direction, this writ petition IS disposed of. There shall be no order as to costs As a sequel, miscellaneous petitions pending, if any, shall stand closed. /ITRUE COPY// To,

1. The Principal Secretary, School Education De State of Teilangana, HYderabad S . P. PONNA KRISHNA A SISTANT REGIST SECTION OFFICER rtment, Secretariat Building

2. The Directorate of School Education, Saidabad, Khairatabad' Telangana' 3. The Regionat Joint Director of School Education, Hyderabad' Telangana' 4.TheDistrictEducationOfficer,YadadriBhongirDistrict'Telangana 5. The Mandal Educational officer, choutuppal, Yadadri Bhongir Distric, Telangana.

6. One CC to SRI R.ANURAG, Advocate lOPUCl 7. Two ccs to GP for school Education, High court for the state of Telangana' 8- Two CD CoPies. HIGH COUFIT DATED:04106,t',2025 ORDER WP.No.154:i9 <:f 2025 VACATION COURT d m6 )> t1) 'a. o L) </ \..-. DISPOSING OF THE WRIT PETITION WITHOUT COSTS p slt 9)