IMPORTANT POINT
The judgment establishes that executive actions must comply with statutory mandates, particularly in education, and emphasizes the importance of the neighborhood principle in school admissions.

ORDER :

1. Heard Sri Vedula Venkata Ramana, learned Senior Counsel assisted by Mr. Sri Vijay Mathukumilli, learned Counsel for the Writ Petitioners (in W.P.No.5264 of 2023) and the learned Advocate General appearing for the Respondents.

1.1. Heard Sri B. Adinarayana Rao, learned Senior Counsel assisted by Smt. Jyothi Ratna Anumolu, learned Counsel for the Writ Petitioner (in W.P. No.5333 of 2023) and the learned Advocate General appearing for the Respondents.

2. The prayer sought in the W.P.No.5264 of 2023 is as under:

“In the above circumstances, it is prayed that this Hon’ble Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the G.O. Ms. No. 24 (School Education) Dept., dated 26.02.2023 issued by the 1st Respondent Government through which, a Notification has been issued for implementation of Section 12 (1) (c) of Right of Children to Free and Compulsory Education Act, 2009 whereby and where under, 25% of the seats in Class-I in all the Private Unaided Schools have been allotted from the academic year 2023-24 in consonance with IB/ICSC/CSC/State Syllabus without any logic as being ultra vires to the Provisions of Right to Education Act besides being arbitrary, illegal and violating Articles 14, 16 and 21 of the Constitution of India and also in contravention of the various Provisions of Right to Education Act and the Rules framed there under from time to time and consequently set aside the same as being ultra vires to the Provisions of Right to Education Act and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.”

3. The prayer sought in the W.P.No.5333 of 2023 is as under:

“In these circumstances and for the reasons stated above it is, therefore, prayed that this Hon’ble Court may issue an appropriate Writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring G.O. Ms. No. 24 dated 26.02.2023 passed by the 1st Respondent notified in the Andhra Pradesh Official Gazette bearing Notification No. 3 dated 28.02.2023 as being void, illegal arbitrary, violative of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 apart from being unconstitutional and violative of Article 14, 19 (1) (g) and 300A of the Constitution of India and consequently to set aside the same pass such order or orders as may deem fit and proper in the facts and circumstances of the case.”

4. In both these Writ Petitions, essentially, the G.O.Ms.No. 24, School Education (PROG.II) Department, dated 26.02.2023 (Ex.P.1), published in the Official Gazette vide Notification No.3 on 28.02.2023, is under challenge. 5. These Writ Petitioners have raised several issues, essentially on the ground that; (a) the Impugned G.O.Ms.No.24, School Education (PROG.II) Department, dated 26.02.2023 (Ex.P.1) was issued in a hasty manner without following the procedures contemplated under ‘the Right of Children to Free and Compulsory Education Act, 2009’ (RTE Act, 2009) and also the Rules framed under the said Act namely ‘the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010’; (b) It is also contended that the Impugned G.O. has been issued in haste only for the purpose of escaping the wrath of the Court in the Contempt Case bearing C.C.No.1824 of 2022 that was filed for implementation of directions of this Court in W.P. (PIL) No.165 of 2017. 6. W.P.No.5264 of 2023 is filed by the United Private Educational Institution Federation. It is stated that the Writ Petitioner No.1 in W.P.No. 5264 of 2023 has been striving for the cause of students from Kindergarten to Post Graduation level irrespective of their social and economical status and had been in the forefront in mitigating issues concerning the management of the educational institutions and the students. It is therefore contended that, in view of these services rendered by the W