IMPORTANT POINT
The court established that a party must demonstrate a legally protected interest to have standing in a writ petition, emphasizing the principle of locus standi in educational disputes.

ORDER :

Heard Sri Sri Vijay Mathukumilli, learned Counsel for the Writ Petitioners; Sri L.V.S Nagaraju, learned Government Pleader for School Education; Sri B. Satyendra Mani Kumar, Assistant Government Pleader for School Education for the Official Respondents and Sri Venkateswara Rao Gudapati, learned Senior Counsel appearing on behalf of Kilaru Nithin Krishna, learned Counsel for the Respondent No.5.

2. Prayer sought in the Writ Petition is as under:

“ ….to issue an appropriate writ more in the nature of Writ of declaring the action of the official Respondents much less the action of the Respondent Nos.3 and 4 in allowing the 5th respondent School to run the classes for the academic year 2022-23 instead of initiating departmental and criminal proceedings against it, on extraneous consideration as being arbitrary, illegal and violative of Articles 14, 19 (1) (g) and 300-A of the Constitution of India and in contravention of Section 20 of the Andhra Pradesh Education Act and the Rules framed there under, Right to Education Act and against the principles of natural justice besides being unwarranted and consequently to direct the Respondent authorities to initiate action against the 5th Respondent Management as contemplated under the provisions of A.P Education Act, 1982 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case”

3. The present Writ Petition is filed by about nine schools against grant of permission to the 5th Respondent Institution in running classes from Ist to VIIth standard for the academic year 2022-2023.

4. It is the case of the Writ Petitioners that the Official Respondents namely Respondent Nos.1 to 4 have granted permission in favour of Respondent No.5 in violation of Sub-rule (1) of Rule 6 of Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools Under Private Managements) Rules, 1993 (in short Rules, 1993). These Rules were issued under G.O.Ms.No.1, Education dated 01.01.1994.

5. Sri Sri Vijay Mathukumilli, learned Counsel for the Writ Petitioners has contended, by drawing the attention of this Court to the Sub-rule (1) of Rule 6 of Rules, 1993, that by 30th October of the preceding academic year, fee of Rs.10,000/- shall be remitted for seeking permission for the following academic year. For example, if a Society is seeking permission for establishment of school for the academic year 2022-2023, fee shall be paid and Application be submitted on or before 30th November of the preceding year i.e., on or before 30.11.2021. Learned Counsel submitted that in the case of grant of permission to the Respondent No.5, the Application was made on 08.07.2022 and the permission was granted on 14.07.2022. He further submits that the Official Respondents have shown undue favour on the Respondent No.5 by giving complete go by to the Rules set out under the then 1993 Rules. It is also submitted that Section 20 of the A.P Education Act has also been given a go-by by the Official Respondents in grant of permission to the Respondent No.5.

Version of the Official Respondents:

6. Sri L.V.S Nagaraju, learned Government Pleader for School Education for the Official Respondents has drawn the attention of this Court to Para No.8 of the Counter Affidavit filed on behalf of Respondent Nos.1 to 3. Para No.8 is beneficially extracted hereunder:

“8. Further it is submitted that the Rule 6 of GO.Ms.No.1 Edn., dated 01.01.1994

"The application seeking permission for establishment of a new school or up-gradation of the existing school shall be submitted to the competent authority on or before the 31st October of the preceding academic year, in triplicate, in form-I".

In the present case, the Correspondent of the 5th respondent institution has paid required amount of Rs.20,000/- towards the application fee for establishment of new school before 31st October of the preceding academic year i.e., on 25.10.2019 and not deviated the rule mentioned above.”

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