376/2018) v. The State of Telangana, Rep

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 an appropriate writ, order or Direction, more particularly one in the nature of Writ of fvlandamus, declaring the Show Cause Notice dated 19.O8.2025 issued by the 4th Respondent, as arbitrary, illegal, without jurisdiction, violative of principles of natural justice, and un constitutio na I and consequently direct the Respondents to consider the Petitioner's proposal for grant of opening permission for Genius Global School (EM)' Near Uthanur Circle, leeja Mandal, Gadwal District for Classes lto Vll (EM) for the Academic Year 2025-2026 by granting special permission to upload the same online ild"HE:q?*'"-.;' 1 :-:,,:': :.' ..!! s lA NO: 1 OF 2025 - Petition under Section 151 CPC praying that in the :,'cumstances stated in the affidavit filed in support of the petition, the High coLrd may be pleased to suspend the operatron of the show cause Notice dated '19 ls 2025 issued by the 4th, by directrng the Respondents not to take any coerc vr. or adverse action against the Petitioner Society pursuant to the said notice, p,i:n ling disposai of the Writ Petition. lA NO: 2 OF 2025 Petition under section 151 cpc praying that in the .;ircumstances stated in the affidavit filed in support of the petition, the High ccLd may be pleased to direct the Respondents to consider and dispose of the -e lresentation dated 09.04.2025 submitted by the Petitioner Society, pending rrisposal of the main Writ Petition Counsel for the Petitioner: SRI RAVI.G Counsel for the Respondents: AGp FOR SERVICES-II The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.2848O ot 202s ORDER: Heard Sri G. Ravi, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-II, appearing on behalf of respondent Nos.1 to 4.

2. The petitioner approached the Court seeking prayer as under: "...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the Show Cause Notice dated 19.08.2025 issued by the 4rh Respondent, as arbitrary, illegal, without jurisdiction. violative of principles of natural justice, and unconstitutional and consequently direct the Respondents to consider the petitioners proposal for grant of opening permission for Genius Global School (EM), Near Uthanur Circle, Ieeja Mandal, Gadwal Distnct for Classes I to VII (EM) for the Academic Year 2025-2026 by granting special permission to upload the same online".

3. The case of the Detitioner in brief as Der the e bv the petitio ner in the affidavit filed bv averments the oetitioner in suDoort of the oresent writ Detiti ontsas 2 .-.1 S\ I \\ t, 2 3 131r tn25 The petitioner Society is engagec in establishing educational institutions in furtherance of oromoting school education in rural and backward areas. Thc petitioner society had proposed to establish a new school by n.rr-rc '. Genius Global School( E.14), Near Uthanur Circle, Ieeja Ntar dal, Jogulamba Gadwal District", for classes I to VII ( English N edium) for the academic year 2025-26.f he petitioner So tiety made a representation dated 09.04.2025 to the responJenI authorities seeking special permission for uploading the pro; osals belatedly. But. the respondent No.4 had issued the impL,gned show cause notice dateo i9.08.2025 alleging non subn-rr-ssion of opening permission proceedings copy and directed l.h I petitioner to submit an explanation within three (03) days. A;grieved by the said show cause notice dated 19.08.2025 ssued by the respondent No.4 and for not considering the r-e presentation oF the petitioner dated 09.04.2025 of the petitic)nlr Society, the petrtioner approached this Court by filing thrr present writ petition.

4. PERUSED THE RECORD DISCUSSION AND CONCLUSION 5. Learned counsel appearing on behalf c,f the petitioner society submits that the petitioner Society v,rrs registered as 3 SN. J \\'t,28480 202i Educational Soclety under Regd.No.37612018 and as per G.O.Ms.No.1 Education (PS.2) Dept., dated 01.01.1991, private educational societies intending to establish schools are required to obtain opening permission by submitting necessary proposals onllne by 31.72.2024. But however due to unavoidable technical and administrative reasons, the petltioner Society could not upload the proposals within the stlpulated time. The petitioner submitted a representation dated 09.04.2025 addressed to the respondent authorities including the Principai Secretary, School Education, seeking special permission for uploading the proposals belatedly enclosing all required documents, registration fee challan, and compliance reports. But however, the request of the petitioner had not been considered by the respondent authorities and 4th respondent issued the impugned show cause notice dated 19.08.2025 to the petitioner society alleging non submission of Opening Permission proceedings and non-compliance with earlier memos and directed the petitioner to submit an explanation within three days. failing which disciplinary/ regulatory action would be taken. Aggrieved by the same, the petitioner filed the present writ petition.

6. The learned Assistant Government Pleader for School Education appearing on behalf of respondents submits that the 4 S\. I \\'P 281ti0 2025 petitioner instead oF submitting his detailed :)planation to the show cause notice dated 19.08.2025 issued ry the respondent No.4 had filed the present writ petition. Thr. t,:arned Assistant Government Pleader further submits that tht: ;pecific pleas of the petitioner if put forth by the petitioner by rr, ay of a detailed representatton explaining the reasons for r.cl uploading the proposals r,vithin the stipulated time for t re purpose of establishing the school and for the purp,lse of obtaining permission in response to the show caUS€ notice dated

19.08.2025 issued by Respondent No.4 to the.otitioner, the 4th respondent ivould consider the same in accorclanr:e to law, within a reasonable period.

7. A bare perusal of the record in partic.llar the show cause notice dated 19.08.2025 of the 4,h respondent addressed to the Principal/ Correspondent:, Genius Global School, Uttanur road, IEEIA indicates that the subject school management had been ca ed upon to explain why the said school had not submitted the required documents for the purpose of Opening permission and why the subject school had not explained the dela.y in submitting necessary proposals online on 31.12.2024. But however, instead of furnishing explanation to the said show cause ) -\\. l \\ I' 2811t0 l0l5 notice dated 19.08.2O25t the petitioner approached the Court hastily by filing the present writ petition'

8. Takin q into on sideration (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the submissions made on behalf of the learned counsel appearing on behalf of the respondents, (c) The fact as borne on record that the petitioner approached the Court without furnishing explanation to the show cause notice dated 19.08.2025 issued to the petitioner by the 4th respondent herein challenging the Show Cause notice dated 19.08.2O25 by filing the present writ petition hastilY, (d) The fact as borne on record that petitioner made a representation dated 09.O4.2025 to the respondent authorities seeking special permission for uploading the proposals belatedlY, The writ petition is disposed of directing the petitioner Society to furnish explanation to the show 6 s\..1 \\ I' 28,180 202i \ cause notice dated 19.Og,2O2S issued b\, ,:he respondent No.4 to the petitioner Society within a per.iod of one (1) week from the date of receipt of a copy rrf this order and upon the petitioner Society furnishing th e explanation as called for vide show cause notice dated 19.Og.2025 of the respondent No,4 issued to the petitionr:r herein, the respondent No.4 shall consider the :;ame and also consider the request of the petitioner for 11rtnt of Opening Permission for Genius Global School (E.M), Near Uthanur Circ!e, Leeja Mandal, Jogulamba Gadrval District.,, for Classes I to VII ( English Medium) for the academic year 2025-26 by granting special permissirrr as prayed for in the present writ petition and pass apt)rr)priate orders within a period of one (l ) week there,a.ter and duly communicate the decision to the petitioner, Till the above exercise is initiated and concluded as per the directions as issued above, within tl e time period as stipulated as above, the respondents sh:r[ not initiate any coercive or adverse action against the petitioner Society in pursuance to the impugned show cause notice dated 19.O8,2O25 issued by the responden,: No.4 to the W*F 7 s\. J \\'P 28{80 202i petitioner herein. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ petition shall also stand, closed. //TRUE COPY// To, 1 Th_e Principal Secretary to Government, S B.R. Ambedkar Telanlana Secretariat, H 500022. SD/- T. SRIDEYI ISTANT REGISTRAR SECTION OFFICER chool Edrjcation Department, Dr yderabad, State of Telangana Hyderabad. Director of School Education, Telangana State,

2. The Commissioner and 3. The District Educational Officer, Jogulamba Gadwal District. 4. The Mandal Educationar officer, re5ja lvrandar, Joguramba Gadwar district ! 9n" CC to SRI RAV| G., Advocate t'OpUCl 6 Two ccs to GP FoR SERVTCES-|I, High bourt for the state of rerangana at 7. Two CD Copies Hyderabad [OUT] BSR s HIGH COURT DATED:0811012025 CC TODAY or) (, * I ; [: SJTrIc 1 t ilrtl 2025 v () I I * iil )i ORDER WP.No.28480 of 2025 i I i : I i r, ; i I i I i I t i i : I .i t I I I i I l i , i DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \q 1C "L