1. Huzurabad Montessori Educational Society v. The State of Telangana

113/1913/G1-Schoo112025 daled O9-12-2025, whereby thr: eartier No Objection Certificate (NOC) dated 3'l -05-2025 issued by the Resp,r rdent No. 5, Station House Officer, Huzurabad, in favour of the Petitioner Schcr I was cancelled, and further also to declare the recommendations/direction issu: I by the Respondent No. 3 under the very same Proceeding No. C. No. '1 13/ 91 3/G.1-Schooll202i dated 09-12-2025 to the Respondent No. 6, District Educzrl on Officer, to cancel the recognition of the Petitioner No. 2 School, without <l:;closing any alleged violation, by way of a non-speaking order, without jurisdirt on, without affording any opportunity of hearing, in complete violation of the binl ng orders passed by this Hon'ble Court in W.P. No. 20988 of 2025 dated 22-Ot.2O2S, contrary to the permissions earlier granted by the District Education officer and without properly construing or applying G.O. Ms. No. 56, Home (Services l/) Department dated 26-07-2019 and Memorandum No. B-13O111112019-20/A(l vl dated 07_O1 _2020 issued by the Central Pollution Control Board, rendering .he impugned action illegal, arbitrary and without application of mind and violat r e of Articles 19(r Xg) and 21 of the constitution of lndia, and consequen y to qur sh and set aside the said Proceeding No C. No.'1 13/19'l 3/G1-Schoolt2OZl dated 09-12-2025, whereby the Respondent No. 3 cancelled the No objectio r certificate dated 31- 05-2025 issued by the Respondent No. 5, Station House ( tficer, Huzurabad, in favour of the Petitioner school, and also to quash and se1 rside the proceeding. No. C. No. 113/1913iG1-Schoo1l2O2S dated O9-12- tO25, whereby the Respondent No. 3 issued recommendations and directions t , the Respondent No. 6, District Education officer, to cancel the recognition of the petitioner No.2 School. lA NO: 1 OF 2025 a Petition under Section 151 cpc praying that in the ci :umstances stated in the affidavit filed in support of the petition, the High court rr ry be pleased please to suspend Proceeding No. c. No. i 13/1913/G1-schoo1t2) 15 dated og-12-202s, whereby the Respondent No. 3 cancelled the No objectior certificate dated 31- 05-2025 issued by the Respondent No. 5, Station House (,fficer, Huzurabad, in favour of the Petitioner School. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Gou rt mayte pleased please to suspend Proceeding No. C. No. 113/1913/G1-Schoo112025 dated 09-12-2025' whereby the Respondent No. 3 issued recommendations and directions to the Respondent No. 6, District Education Officer, to cancel the recognition of the Petitioner No. 2 School. Counsel for the Petitioner : SRI SAINI ARAVIND Counsel for the Respondents No.1,3,4&5 : GP FOR HOME Counsel for the Respondent No.2 :SRI H.RAKESH KUMAR, AGP FOR REVENUE Counsel for the Respondent No.6 : GP FOR SCHOOL EDUCATION Counsel for the Respondent No.7 : The Court made the following: ORDER I ,\ IN THE HIGH COURT FOR THE STATE OF TET ANGANA AT HYDERABAD THE HONOURABLE SRI IUSTICE N.V.SHRAVI .N KUMAR WRIT PETITION Nos.39441 of 2025 DATE OF ORDER:24.12.2025 Between: Huzurabad Montessori Educational Society and two other.s. AND The State of Telangana, I{ome Department and six others. .,, Petitioners ... Ii. ,spondents ORDER: Heard Sri.Suril B Canu, learned senior counsel r rpearing for the petitioncrs and lcarned Government pleader for Hon r appearing for respondent Nos.1,3,4 and 5 ancl Sri. H.Rakesh Kumar, :arned Assistant Government Pleacler for Revcnuc appearing for respondert No.2. With their consent this writ petition is taken up for disposal at the acrmir sion stage itserf.

2. This Writ petition is filed secking following prayer:_ "to declare the nction of the Responrlent No.3 Comntis P^olict, Karunnagnr, in isstring proceeding No.C.No.l1i- / School/2025 dated 09.12.2025, rohereby'the earlier No ( Certificate (NOC) dated 37.05.2025 issied by the Respont Station House Ofi.ctr, HuzLrrobad, in fnaour"of the p"itio.,l uas canc,,lled nnd frrrther also to dcr l,r. recommendations/direction issued by the Respondent No.3 t _ 1o*, P r o cee din g N o. C. N o. 1 7 3 /1 9 1 3/G 1 _ S chool/2.a 2 ,::y 09.12.2025 to the RespondenL No.6 Distict Educatton o canc.el lhc rcLognilion ol thr pctitioner No.2 School, dts.closing any_ alleged uiolntion, by toay of o non"peaki, roithou t j uisdic tion, zoithou t afforiin g iny' opportunity t l i: **lb!r..":o!ation of the biidtng irdei passsL 6, ip;,, Court in W.P No.2O9BB of 2025 tlitett 22.(j7.2025 iontr,;t per.missions earLier granLed by the District Ettucation O1l unthout properly constnting or npplying G.O.Ms.No.t6 (SeroicesJV) DeparLment antea ZA.dl.iOtg and Mentc No.B-13011/1/2019-20/AeM tlated 07.01.2020 issuerl ioner of 913/G1- tbjection nt No.S r School z ,1der the j dated ficer, to roithout 7 order, hearing 4on'ble t to the :er and Home 'endum by the a 2 Central PolLution Control Board, rendering tht impugned action illegal, arbitrary and uithout application of mind and rtiolatiae of Articles 19(L)(d and 21 of the Constitution of India and consequently to quash atd set aside the said Proceeding No,C.No.1,13/1913/G1.-Schoo1p025 dated 09.L2.2025, Tuhereby the Respondent No.3 cancelLed tht No Objection Certifcate d.ated 31.05.2025 issued by the Respondent No.S Station House Offcer, Huzurabad, in t'aoour of the Petitioner School md nLso to quash and set aside tfu Proceeding No.C.No.113/19-13/G1Schoo1/2025 dated 09.12.2025 tolweby the Respondent No.3 issued reammendations and directions to the Respondznt No.6 Distict Education Offcer to cancel the recognition of the Petitioner No.2 School."

3. Brief facts as stated in this writ petition are that petitioner No.1 is a society and in thc month of October, 2009, applied for permission for establishmcnt of petitioner No.2 school and the Regional Joint Director of School Education, Warangal, rride proceeding bearing R.C.No.2274/ A4 /2010 dated 27|10.2010, grantcd permission. Thc petitioner No.1 after obtaining necessary permission and complying all the safety and infrastructural norms, established petitioner No.2 School under name and style as "Montessori High School, situated at H.No.12-259, Kakatiya Colony, Warangal Road, Huzurabad, Karimnagar District. Thereafter, respondent No.6 aicle proceedings bearing R.C.No.4081/A6/2011 dated 12.07.2012 and Lr.Dis.No.817 I A4/2011 dated 09.01.2012, granted lecognition for primary classes i.e., I to V for a period of five years and for classes VI to X for a period of ten years and later, the same were extended zide proceedings bearing R.C No.737 / A1 / 2019 dated 73.09.2019 and Lr.Dis.R.C .No.2878 / A1, / 2019 dated

10.10.2019. It is further submitted that the petitioner No.2 school complied with all safety norms prescribed under G.O.Ms.No.56, Home (Services-IV) Department datecT 26.07.2079 and the school premises is equipped with fire extinguishers, fire alarms, CCTV surveillance, fire safety awareness training in I l coordination with the Fire Department, ensuring safety of sil ( ents, staff at all times. The petitioner No.2 school presentlv caters about 1421) students and is selected under the "Best Available School Scheme" during th.academic year 2017-2078. It is further submitted that a petrol bunk is locatec n the vicinity of the school ancl due carc has been taken to ensure full : rmpliance with prescribed distance norms and safety guidelines issu<,c by fire safety authorities and the school builclings and playground are silr ated well away from the immediate operational area of the petrol bunk and ar : separated by a substantial compouncl wall, thereby ensuring complete safe: and insulation from any external hazard ancl fire accidents.

4. Tho casc of thc petitioncr is that on 15.72.2024, there r.', s holiday to the school and whcn no students ol staff rt ere prcsent on the c.r I pus, one school bus parked in the campus got burncd. The said incident n,.: reported to the Huzurabad Police Station and FIR No.395 of 2024 datrtL 15.-12.2024 was registered. During thc course of investigation, it was rcvt.: I :d that the said incident occurred due to short circuit in the bus and thc ame is nrt way connected to the petrol bunk situated near the school. Fur her case of the petitioners is that subsequent to thc above incident, thc r:spondent No.3 issued show cause notice datecl 10.11.2025, proposing carrct.l ation of the No Objection Certificate (NOC) clated 37.05.2025, issued in fa.., ur of petitioner No.2 school by the responclcnt No.5. Thcreafter, petitror t r on 27.77.2025 submitted detailed explanation and without considering thc s rme, respondent No.3 issued impugned proceeclings bearing C.No.113/191 I 1 G7-scinool / 2025 dated 09.12.2025, purporting to cancel thc NOC datct 31.05.2025 and 4 C. No. 1 13l 1 913 i G7 -Scho ol / 2025 dated 09.12.2025, requesting rhe respondent No.6 to cancel recognition of petitioner No.2 school. euestioning by the sarne, this writ petition is fited.

5. Learned senior counsel appearing for the petitioners wourd submit that orders passed by the respondent No.3 in impugned proceeding clated

09.72.2025 are bercft o[ reasons and cancellation of NOC dated 31.05.2025, at this point of time would have a serious impact on the students who are in the middle of the academic year. Learned senior counsel has drawn attention of this Court to the orclers passed by this Court in W.P.No.2098B of 2025, filec-l by the respondent No.7, wherein this Court uide order dated, 22.07.2025 in W.P.No.20988 of 2025, l.ras dirccted the respondent No.3 to af(ord opportunity of hearing to both the parties i.e., petitioner school and petrol bunk and after giving fair opportunity of hearing, the respondent No.3 was directed to consider the G.O.No.56 dated 26.07.2019 and guidelines issued by the Central Pollution Control Board in office Memorandum bearing No.B-13011/ 1/ 2019- 20/AQM ciated 07.01.2020 and pass orders. .However, the respondent No.3 without hearing to thc petitioner and without considering the petitioners' explanation dated 21.77.2025, passed impugned orders dated 09.72.2025.

6. Learned senior counsel further has drawn attention of this Court to the guidelines issued by the Central Pollution Control Board in office Memorandum bearing No.B-13011/ 1/ 2019-20/ AQM dated 07.01.2020, relevant paragraph is extracted hereunder:- "H. Sitins criteria of Retail outlets: In case of siting criterin for petrol pumps neTLi Retail Outlets shnll not be located utithin n radinl distance of 50 meters ftom fll point/dispensing ) units/aent pipe whicheoer is nearest) from schools, hospt\ ls (10 beds and nboae) and resifuntial areas designated as per loatl larus. In : se of constraints in proaiding 50 meters distance, the re tail outlet shall in4l rnent add.itional safety measures a prescibed by PESO. ln no case the distt ,tz betuteen neut retail outlet from schools, hospitals, (10 beds and abooe) tu,t resifuntial area designatud as per locnl lazos shall be less thnn 30 metars Nt, righ tension line shall pass ooer tlte retnil outlet." T Learned senior counsel has drar.r'n attention of thi.; Court to thc Google map showing the location of the petitioner No.2 school arr . nearby petrol bunk and would further submit that in impugned order datecl c ) 12.2025, there is no mention regarding the exact distance between the petiti r rer No.2 school and petrol bunk and that the rcsponclcnt No.3 harl only mer t oned that the petrol bunk is nearer to petitioner No.2 school. He woulcl f u:. her su bmit that the respondent No.3 without mentioning any reasons issuctj ir pugned proceedings clated 09.12 2025, and would submit that rcsponr,{c^t 1 J..3 ougrrt to havc considered the abovc aspect and without considerir.rp thc same, passed impugned proceedings dated 09."12.2025 and the same ar.€ i.brc to be set aside. In support of his contentrons, learnecr seni.r counser ras refcrred to the Judqment passed by the Hon'ble supreme Court in Kranti r ssociates (p) Ltd vs. Masood Ahmed Khanr, relevant portion is extractecl hereur ler:- "47. Summaizmg tlrc abooe discussiort, tltis Court hokls: a. In India the judicial trend ]ms alutays been to recorrj .( lsons, euett in administratiue dectsions, if such decisions affect anyone f,rt. t tlicinlly. b. A, quasi judicitl authority ntust recoid reaiotts conclusions . c..l.nsis func1 on recording of reasons is meant to ser-ue tluirler principle of justice thut justice mu.st not onLy be tlone it ntust nlso o t ,L,nr to bc done as uell. d. .Recording of rensots nlso oTtcrates ns o aalid restraint c r any possibLe arbitrary exercise of judicinl nrul qunsi_judicial or e.r)en tdministratiue trpport of its 'itt PO70er. Ilzoto; I scc aeq e. Reasons reassure tlut discretion hns been exercised by maker on reltuant grounds and by drsregarding considerations . " tfu decision extfaneous ) 6

8. Learned Government Plcader for Home and learned Assistant Government Pleader for Revenuc appearing for official respondents would submit that the proccedings dated 09.72.2025 are passed in terms of G.O.Ms.No.56 dated 26.07.2019 and pray this Court to pass appropriate orders

9. Upon perusal of the impugned order dated 09."12.2025, it is noticed that the respondent No.3 has not considcred tl.re provision of G.O.Ms.No.56 dated

26.07.2079 and guidelines issucd in of fice Memorandum bearing No.B- 13077/1/2079-20/AQM dated 07.01.2020 and its applicability in so {ar as petitioncrs' case is concerncd and has not given dctailed reasoning as to how the petitioner school, which has already been sanctioned permissions by earlier proceedings would have a bearing on the functioning of the petrol bunk vice versa. That apart cvcn thc respondent No.3 has not mentioned the exact distance bctween the school and the petrol bunk and had passed impugned procceding bearing C.No.l13/1913/G7-School/2025 datcd

09.12.2025, purporting to cancel the earlicr issued NOC dated 31.05.2025 and C.No.113/1913 / Glr-School /2025 dated 09."12.2025 requesting the respondent No.6 to canccl recognition of petitioner No.2 school. The impugned proceedings dated 09.12.2025 are bcreft of reasons and are liable to be set aside. I '7

10. Recording the above submissiors and considering t rc fact that the d if NOC dated petitioner No.2 school is in the middle of the academic year "r 31,.052025, issued in favour of the petitioner No'2 school ir 'ancelled at this point of the time, it would be difficult for the students ( move to other schools anci considering future of the students of pctirionc rlo 2 school and since thc impugnecl orders dated 09 '72'2025 are bereft of r : sons' this Court deems it approPriate to set aside the impugned prt t 'edings bearing C.No.113/1913 /C1-School/2025 dated 09 722025' purpor its to cancel the earlierissuedNOCdated3lOS202SandC'No113/19.11'C1-School/2025 dated 09.12,2025 for cancellation of recognition of petitiont'r No.2 scl-xrol and rcmit the matter to respondent No 3 for fresh consideratior ' Accordinglv' this writ petition is disposed of directing the respondent No 3 t I hear the matter afresh, bv giving fair opPortunity of hearing to the p' itioner ancl after considering petitioners' explanation dated 21'11 2025' r: pondent No3 is directed to pass aPpropriate orders strictly in accordance rv ttr law lt is made clear tl-rat while passing orders, the respondent No 3' t rall conslder the G.O.Ms.No.56 dated 26.07 .2019 and the guidelines issued in office Memoranclum N o.B-13011, /1/2019-20/ AQM dated 07 01 2t l0 11 With above directions, this writ petition is dispost t of lr4iscellaneous applications, if any pending, shall stand closed No order a ; to costs SD/.A.V.S. PRASAD t EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary Home Department, Secretaria ' Telangana State' Hyderabad, T.S. The District Collector, Karimnagir District 1 2

3. The Commissioner of police, Karimnagar District. 4. The Asst. Commissioner of police, Huzurabad, Karimnagar District. 5. The Station House Officer, Huzurabad police Station. 6. The District Education officer, co ectorate comprex, Karimnagar District. 7. One CC to SRI SAINT ARAVIND, Advocate. tOpUCl 8. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 9. Two ccs to GP FoR REVENUE, High court for the State of rerangana at Hyderabad. [OUT]

10.Iwo CCs to GP FOR SCHOOL EDUCATTON, High Court for the State of Telangana at Hyderabad. [OUTI \ 1 'l . Two CD Copies. BSK BS l I I I I HIGH COURT DATED:2411212025 ORDER WP.No.39441 ot 2O2S -4 J* '\HE i 0 7 ,itl 2[120 )r/ C)() )- * DISPOSING OF THE WRIT PETITION WITHOUT COSTS t I \^L- . ,.,, , t:tiit:l