Sri Chaitanya High School v. '1. The State of Telangana

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 pass an order or orders one in the nature of WRIT OF l'/ANDAMUS declaring the impugned proceedings No.Rc.No. 88118212025 dt.23.07.2025 issued by the Respondent no.4 speaking order for rejection of the permission to open classes Nursery to Vll E/M in respect of Sri Chaitanya School, Tadkole Main Road, Banswada Mandal, Kamareddy District for the year 2025 2026 an online application bearing No. REG2022026231, dt.30.1O.2022 wilhout considering the representations d1.22.07.2025 d1.19.07.2025 along with documents by suppressing of proceedings references d1.04.06.2025 inspection for school education private unaided school kamareddy uploaded proposals in online SeekingpermissiontoopenclassesNurserytoClassVllEnglishmediumduring the academic year 2025-2026, violating the Rule 7 of the G'O tt'4s No'1 Edn D1.01.01.1g94, as illegal, arbitrary and violative under Article 14 and 19(l)(g) of the Constitution of lndia and liable to set-aside' A.NO:1 OF 2025 t. PetitionUnderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed irr support of the petition, the High Court may be pleased to suspend the impugned proceedings Rc.No B81/82l2O25 dl23 'O7 '2025 issued by the Respondent no.4 by violating the Rule 7 of the G O Ms'No 1 Edn Dt.0l.ol.lgg4andtherespondentsauthoritiestopermitthepetitionerhereinto runclassesfromNurserytoVll(EnglishlVledium)BanswadaVillageand[\4andal, Kamareddy Distrrct for academic year 2025-2026, and pending disposal of the above writ Petition. Counsel for the Petitioner : SRI K.BUCHI BABU Counsel for the Respondents : GP FOR SCHOOL EDUCATION The Court made the following ORDER HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.25303 OF 2025 ORDER: Heard Sri K. Buchi Babu, leamed counsel for the petitioner and learned Govt.Pleader for School Education.

2. Vide order dated 01.07.2025 in W.P.No.16639 of 2025, while disposing the writ petition, this Court directed 41h respondent herein to consider the application dated 30. 10.2022, NOCs subrnitted by the petitioner dated 17.04.2024 and 02.05.2025 and also repoft dated 04.06.2025 to start upper primary school from the classes I to 7 English medium with State Syllabus. This Court also granted libefty to the 4th respondent to seek further information, if any, from the petitioner in terms of the Telangana Educational lnstitutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules,l993 issued by the Govemment vide G.O. Ms. No.1, Education (P.S.2), dated

01.01.1994. On receipt of the said information, this Court directed the 4th respondent to consider the application dated 30.10.2022 submitted by the petitioner. If 4th respondent is not inclined to accept the request made by the petitioner, he shall assign specific 2 reasons, pass an order and fumish a copy of the said order to the petitioner. However, this Court directed 4th respondent to complete the said erercise within four weeks from the date of receipt of a copy ol thc said order.

3. tn cornpliance with the said order, vide impugned proceedings dated 23.07.2025, 4'h respondent rejected the application submitted by the petitioner on the following grounds:- A. As per- lhe Rulc (6) of G.O.Ms.No: 1 Edn. Datcd: 0l-01-1994. ''Ttrc applicati,:rn secking permission lbr establishment of a nerv school or up gradation of the existing school shall be submitted to the conlpetcnt authority oLr or belore the 3l't October of the proceeding academic year in triplicate in form 1." and extension of time is given up to 3lst December ,:f preceding year of opening the school, with penalty. B. The proposals lor permission to open classes Nursery to VII English Medium lirr the academic year 2025-2026 is not feasible lbr considerirtion on the basis ol proposals submitted for thc year 2023- 2074. as the G.O.is very clear that application submitted beforc 3 I " December of the preccding year. for opening of school in the next academic year. In the instant case. the managenent applied online duLing 2t)22 u'ithout enclosing any mandatory documeuts. C. The r.nanagement ought to have applied any proposals for sceking perrnission fo open classes for the academic year 2025-2026 within the stipulated time w'ith all documenls in the precedingyear i.e.,2024- D. The management submitted online application during 2022, without enclosing lhe mandatory documcnts instead of rcctifying the defects in time. submitted proposals during June 2025 i.c., after thrce (3) years E. As pt:r the repo( of the Inspecting officer, MEO dated 04-06-2025 "'lhe construction of school building is under process and it is incomplete shape as such it is not feasible to run thc classes" 3 F. The information fumished by the management in the refcrcnce 12'h read above do not contain any new or additional information than the available information.

4. As discussed supra,4th respondent has specifically stated that the construction of school building is under process and it is incomplete, as such it is not feasible to the petitioner to run classes. In the light of the said submission, this Court directed leamed counsel for the petitioner to file copies of the colour photographs of the subject building.

5. Sri K.Buchi Babu, learned counsel for the petitioners filed memo vide USR No.90373 of 2025, dated 28.08.2025 along with the photographs. Perusal of the same would reveal that constmction of ground floor of the building is completed.

6. As discussed supra, the petitioner is intending to staft only upper primary school i.e. upto 7tl'class. 10tl'class rooms are ready.

7. lt is the specific contention of the leamed counsel for the petitioner that 4'h respondent has seized the building on

31.07 .2025 . tn proof of the same, he has filed photographs.

8. lt is the contention of 4th respondent that the petitioner is running a school and admitted students without obtaining permission. Therefore, 4th respondent has sealed the school. 4

9. The aforesaid reasons mentioned by 4th respondent in the order dated 23.0'7.2025 are contrary to the order dated 01.07.2025 in W.P.No.l6639 of 2025. If 4'h respondent requires any further information, he should have sought the samc from the petitioner herein. Wjthout seeking any information, without even conducting physical r,'erification of the subject propefty, 4'h respondent has rejected the application submitted by the petitioner vide impugned order dated .23 .01 .2025 . The aforesaid reasons mentioned by the 4'r' respondent in the impugned order are factually incorect and contrary t<r the order dated 01 .07.2025 in W.P.No. 16639 of 2025 .

10. ln the light of the same, with the consent of the learned counsel for the petitioner and learrred Govt. Pleader for School Education, this u,rit petition is allowed at the admission stage. I l. In the result, the writ petition is allowed. The impugned order dated 23.07 .2025 of 4tr' respondent is set aside. The matter is remanded back to 4tr' respondent with a direction to comply with the order dated 01.07.2025 in W.P.No.16639 of 2025 and take action in accordance with law. 4th respondent shall unseal the said property forthrvith, failing which, matter will be viewed seriously. I I I I I I I I l i I I I I I t I t 5 However, 4th respondent shall complete the said exercise within four (4) weeks from the date ofreceipt ofa copy of this order. As a sequel thereto, miscellaneous petitions, if any pending in the writ petition shall stand closed. S S.GOWRI SHANKAR STANT REGISTRAR //TRUE COPY// SECTION OFFICER partment, Telangana

1. The Principal Secretary to Government, Educatio Secretariat, State of Telangana at Hyderabad

2. The Reg ional Joint Director, School Education, Abi S, 3. The Director, School Education, Saifabad, Hyderabad 4. The District Education Officer, Kamareddy District. 5. The lvlandat Education Officer, Banswada Mandal, Kamareddy District' 6. Two CCs to GP FOR SCHOOL EDUCATION, High Court for the State of 7. one ic to sRt k.eucFtt dRBu, Advocate [oPUC] 8. Two CD Copies Telangana at Hyderabad. [OUT] Hyderabad. To SA TK o , . -_ 'l:... t." [ 7 EtT 2$25 \_ '.:.- r'.,: -,-. ... ,, \:_.::-:-;-J2 ., ',i. HIGH COURT DATED:2810812025 ORDER WP.No.25303 of 2025 ALLOWING THE W.P WITHOUT COSTS. \ q o