High Court · 2025

Petition under Article 226 of tf'e 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 MANDAN/US declaring the impugned proceedings no.El151l 2025 dt.1510912025 issued by the Respondent no.5 for seizure of school on dt.1110912025 with proceedings of Rc.No.1542lA212025 dt.14109/2025 without considering the reply dt.3010812025 and proceedings issued subsequently inspite of school examination schedule from 1610912025 to 20109/2025 in respect of the permission to open on dt.1910612025 classes Pre-Primary to Vlll (EM) during the year 2025-2026 vide proceedings no,HYD-KKA-006-0834 dt.2810212025 by the respondent no.2 (RJD), Hyderabad as per the in terms of the G.O.Ms.No.'1 dt.0'1/01/1994 the seizure of the school without giving fair opportunity closing of the petitioner's school notice under Right of Children to Free ard Compulsory Education Act, 2009 under section 18 and 1B (5) of the Act inspit€] of the having permissions and having c hrldren the school admissions of boys and girls 171 students for attending of the examination without any due process of law neither having any jurisdiction by th': respondent no.5 violating the impugned proceedings Proc.No HYD-KKA-OO6-83.1 RJD permissions dl.2810212025 as illeglal, arbitrary and violative under Article 14 and 19(1)(g) of the Constitution of lndia and liable to set-aside. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circu rstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to suspend the impugned proceedings No.E/151/2025 d|.1510912025 issued by the Respondent no.5 and the respondents authorities as per proceedings Rc. No. HYD-KKA-006-0834 d1.2810212025 lo permit the petitioner scl-ool to run classes from Pre-Primary to Vlll (English Medium) by attending the exirm nation schedule from 16/09/2025 to 2010912025 Madanapur Road, Kothakota, \Vanaparthy District 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 THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.28636 of 2025 ORAL ORDER: Heard learned counsel for the petitioner and learned Governmerrt Pleader for School E,ducation appearing for respondents.

2. This writ petition is filed challenging the impugned proceedings dated 15.09.2025 of respondent No.5 and also show cause notice dated 23.08.2025 vide Rc.No.l5 421A212025 of respondent No.4.

3. Perusal of the record would reveal that respondent No.4 has issued show cause notice dated 23.08.2025 to the petitioner stating that he has received complaints from the parents with the following allegations: a a a The teachers whose details are submifted along with the proposals are not working and they have not obtained permission for change of staff. 'fhese are two untrained teachers working. No librarv available. 2 KL- J 1",,r 2rJ()36 o1 2025 - o The playground is not maintained properly. o No separate sanitary facilities for ladies and uents. o No laboratory provided. o Railing for the safety of the students not pror,ided. o Suggestion boxes not provided.

4. He has also placed reliance on the report of IVIandal Educational Offlcer, Kothakota, Wanaparthy District i.e., respondent '\o.5, he has directed the petitioner to submit explanation within seven days. petitioner has subrnitted explanation dated 30.08.2025. Thereafter, respor dent No.4 has not passed orders considering the said explantttion dated

30.08.2025 submitted by the petitioner to the slrorv cause notice dated 23.08.2025.

5. The respondent No.5 has issued seizure order dated 15.09.2025, referring to the proceedings dated 04.r)9.2025 of respondent No.4, seizing the petitioner school. In compliance with the said order, respondent No.5 has seized rhe school. Challenging the same, petitioner flled the present wr r petition. 6. TIte sovernment has issLred Telangana F.drrcational lnstitutions (Establishrnent Recognitior.r. Adrninistr.ar.ron and 3 I(1. J w.P.No.2E636 of 202 5 Control of Schools Under Private Managements) - Rules, 1993 under G.O.Ms.No.1, Education (P.S.2), dated

01.01.1994. Petitioner school is upper primary school and as per the said rules, Regional Joint Director (RJD) i.e., respondent No.2 is the competent authority to initiate action against the petitioner for the aforesaid violation. Instead of respondent No.2 initiating proceedings against the petitioner hereirr, respondent No.4 has issued the aforesaid show cause notice. There is no collsideration of the explanation submitted by the petitioner dated 30.08.2025 to the show cause notice I , dated 23.08.2025. He has not passed any order. Even then, ( respondent No.5 referring to the proceedings dated 04.09.2025 issued impugned proceedings dated 15.09.2025, seized the petitioner's school. Therefore, the entire procedure adopted by the respondent Nos.4 and 5 is contrary to the aforesaid rules and in violation of principles of natural justice.

7. Therefore, this writ petition IS disposed of, both the show cause notice dated 23.08.2025 and impugned proceedings dated 15.09.2025 of respondent Nos.4 and 5 respectively are set aside. However, liberry is granted to 4 -- KL, J \\ P ,,1r.28536 o12025 respondent No.2 to initiate action against petitioner herein for the aforesaid lapses strictly in accordance with th,: procedure laid down under Rules, 1993. Respondent No.2 shrLll look into the matter and take action against respondent Nos.-1 and 5 for the aforesaid irregularities in accordance rr ith law. Respondent No.5 is directed to unseal the petitioner school forthwith. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SDi. M{}IED \BDT.LLAH KHA.\ REGISTBAB //TRUE COPY// .\S}STNruT To, I \ 1 s;ecrroN oFFtcER Ihe Principal Secretary to-.Government. roucatf/ Dep r4rnsn1, Telangana Secreta riat, Hydera bad, State of ieia n!a iu]- "'"''V

2. The Regional Joint Director, School Education, Abids, Hyd,_.rabad. 3. The Director, School Education, Saifabad, Hyderabad. 4. The District Education Officer, Wanaparthy District. 5 The Mandar Education officer, Kothakota Mandar, wanaparthy District. 6. One CC to SRt K.BUCH| BABU, Advocate [OpUC] T rwo ccs to Gp FoR sctro_ol EDUCATTON, High coLrrt for the state of 8. Two CD Copies Telangana at Hyderabad tOUTi - BSR 'lll l+tt// HIGH COURT DATED: 2210912025 , I ORDER WP.No.28636 of 2025 ,3 -'{ Ll -x -: .a_!i 1:::t .)s -t r\ .': :]' '$'1: 1;1" DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \