M/s. Zenith Prime Educational Society v. The State of Telangana

Petition under Article 226 of the 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 action-of the respondents 3 and 4 in not granting permission on the Online Application No.REG2 0241143178, dated 28.11.2024 of the petitioners society for commencement of the High School in the premises house bearing No.11-23-1042, L.B. Nagar, Warangal Town and District on the name of Shaheen High School from the year academic year 2025 - 26 despite submitting all the relevant documents, and closure of 6th respondent school in the said p,remises, as illegal, arbitrary and against to the principles of natural justice and violation of Articles 14, 19 and 2'l of the 3onstitution of lndia and consequently d'rect the respondents to grant permisslon for commencement of the petitioners society High School in the premises house bearing No.1 1 -23- 1042, L.B. Nagar, \Varangal Town and District on the name of Shaheen High School from the yea' academic yeat 2025 - 26. lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased pleased to direct the respondents to grant permission for commencement of the petitioners society [1igh School in the premises house bearing No.11-23-1042, L. B. Nagar, Warangal Town and District on the name of Shaheen High School from the year academic year 2025 - 26 in pursuance of Online Application No.REG20241143178, dated 28.11 .2024 of the petitioner, pending finalization of the Writ Petition. Counsel for the Petitioner : SRI KADARU PRABHAKAR RAO Counsel for the Respondents No.1toS : ASST.GP FOR SCHOOL EDUCATION Counsel for the Respondents No.6 : SRI Y.ASHOK RAJ The Court made the following: ORDER qr.d 2:€ o I ? t I I ! I I I THE HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.16514 of 2025 ORAL ORDER: Heard Mr.Kadaru Prabhakar Rao, leamed counsel for the petitioner, leamed Assistant Government Pleader for School Education appearing for respondent Nos.l to 5 and Mr.Y.Ashok Raj, leamed counsel for respondent No.6.

2. It is the specific contention of the petitioner - Society that it has submitted an online application dated 28.1 1.2024 to respondent No.3 along with all the relevant documents through Unified District Information System for Education (UDISE) Portal paying requisite fee with a request to accord permission to establish Upper Primary School for classes I to VIII (English Medium, State Syllabus) in terms of the Telangana Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 issued by the Govemment vide G.O.Ms.No.1, Education (P.S.2), dated 01.01.1994. 2 KL, J W l, \o.1651.1 of 2025 Thereafter, rerpondent No.3 has sought report from respondent No.4, who in tum, submitted the remarks which are as follows: "l-he DEO Warangal has submitted the proposals for rejections which are against to the existing rules in vague. Further, on verification of the said proposals, the school Correspondent and Secr:tary has submitted a letter to this offrce on

25.0)-.2025 (copy attached at AD level) foi the Opening Permission proposals by change of pres()nt school name and Educational Committee nam,l in the same premises running an,rther existing school, which is quite against tc, the (i.O,Ms.No. l, Education Department. Hence proposal is returned."

3. Learnecl counsel for the petitioner would submit that respondent No.6 was the lessee of the subject prenrises and it is used to run High School. It has also executed registered surrender/cancellation of lease deed bearing document No.2805 of 2025, dated 30.04.2025. On instruction, he would further subm;t that the owner of the subject property is the President ol the petitioner - Society. a 3 KL, J w.P.No 16514 of 2025

4. Whereas, learned Assistant Government Pleader for School Education has produced written instructions of respondent No.4, wherein it is stated that in terms of G.O.Ms.No.l , Education (P.S.2), dated 01 .01 .1994, respondent No.3 can't accord permission to the petitioner - Society to establish Upper Primary School in the said premises since as per the aforesaid Portal, respondent No.6 has already registered. Granting permission to two schools in one premises is not permissible in terms of the aforesaid Rules issued by Government vide G.O.Ms.No.l, Education (P.S.2), dated

01.01.1994. The said written instructions are placed on record.

5. As stated supra, according to respondent No.6, it has already executed registered surrender/cancellation of lease deed bearing document No.2805 of 2025, dated 30.04.2025 and surrendered the premises to its owner. According to the learned counsel for respondent No.6, owner of the subject premises is the President of the petitioner - Society. Therefore, 4 KL' J W., \o.16514 of 2025 respondent No.6 has no objection granting permission to the petitioner - Scciety to establish Upper Primary School.

6. Petitioner has filed copies of the said registered surrender/cancellation of lease deed bearing document No.2805 of ')-025, dated 30.04.2025 executed by respondent No.6 and lerler dated 08.05.2025 addressed by respondent No.6 to respcndent No.3. The said aspects were not considered by respondent No.3.

1. As rightly contended by 'the learned Assistant Government Pleader for School Education, respondent No.3 can't accord permission to run two schools in one premises. But, in the prescnt case, issues are slight different. Respondent No.6 has already executed registered surrender/cancellation of lease deed bearing document No.2805 of 2025, dated

30.04.2025 and also handed over the subject premises to its owner, r.r,ho is the President of the petitioner Society. Therefore, rt:spondent No.3 has to consider the said aspects I I I I i i I I i , l i l I I I I I I I l I l ; l 5 KL, J W.P.No 165I4 of2025 and in terms of the aforesaid Rules issued by Govemment vide Rules G.O.Ms.No.1, Education (P.S.2), dated 01.01.1994.

8. In the light of the said discussion, this Writ petition is disposed of directing respondent No.3 to consider the online application dated 28.1 1.2024 submitted by the petitioner, letter dated 08.05.2025 submitted by respondent No.6, registered surrender/cancellation of lease deed bearing document No.2805 of 2025, dated 30.04.2025 executed by respondent No.6. If the application submitted by the petitioner dated

28.11.2024 through UDISE Portal is in order, respondent No.3 shall consider the same. If respondent No.3 is not inclined to accord permission to the petitioner - Society to establish Upper Primary School for any other reason, he shall assign specific reasons, pass a reasoned order and communicate the copy of same to the petitioner. He shall complete the said exercise within three (03) weeks from the date of receipt of a copy of this order. Further, liberty is granted to respondent 6 KL, J W I'.:'1o.16514 ot2025 r\ No.3 to seek lurther information, if any, from the p,:titioner as well respoudent No.6. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/-P. PONNA KRISHNA ASsrsrANr ffi82*o* :SECTIOIOOFFICER To,

1. The Principal Secretary, School Education Department, sercretariat, State of Telangana HyJerabad.

2. The Commissirtner and Director of School Education, govl. of Telangana, Saifabad, Hyderabad - 500004.

3. The Regional .loint Director, Warangal, Warangal District. 4. The District Educational Officer, Warangall Subedari, Warangal District' 5. The Mandal Eriucational Officer, Warangal, Warangal Dislrict. 6. One CC to SR, KADARU PRABHAKAR RAO, Advocate IOPUCI 7. Two CCs to Gl) FOR SCHOOL EDUCATION, High Court for the State of Telangana [O'JT]

8. One CC to SRI Y ASHOK RAJ, Advocate. [OPUCI 9. Two CD Copies. BSK BS I \ ,. ,. rr_ r) o , 1;, JUL 206 ) .t- * ?i;1111gr HIGH COURT DATED:01 t0712025 ORDER WP.No.16514 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \