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2025 Supreme(Online)(AP) 13639
HIGH COURT OF ANDHRA PRADESH
SUMATHI JAGADAM, J
Delhi Public School, Bhimavaram, Rep. by its Franchisee, Vatsavai Subbaraju Kamala Education Society – Appellant
Versus
The Union of India – Respondent
Writ Petition No: 17893 of 2025
For the Appellants/Petitioners: Sri K Jyothi Prasad
For the Respondents: Sri Pelleti Rajesh Kumar, GP for School Education, Smt T.Radha Rani
Administrative actions impacting franchise rights require adherence to due process and valid justification.
Headnote:This judgment addresses a writ petition filed under Article 226 of the Constitution of India concerning the administrative inaction by the Central Board of Secondary Education regarding the petitioner’s franchise rights. The court finds that the respondent's actions are arbitrary, thus issuing an interim order to prevent coercive steps against the petitioner. The main issues framed include the illegality of the respondent's actions concerning franchise termination. The court emphasizes that administrative actions must follow due process. Therefore, the respondents are restrained from taking action until the matter is resolved.
| Table of Content |
|---|
| 1. petition concerns franchise rights. (Para 1 , 2) |
| 2. arguments presented by counsel. (Para 3) |
| 3. court stresses adherence to due process. (Para 4) |
| 4. interim protective order issued. (Para 5) |
' :v IN THE HIGH COURT OF ANDMRA PRADESH AT AMARAVATI (Special Original Jurisdiction) !■ r/ *
TUESDAY, THE NINETEENTH DAY OF AUGUST 'f TWO THOUSAND AND TWENTY FIVE
3 : PRESENT:
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 17893 OF 2025 Between:
Delhi Public School, Bhimavaram, Rep. by its Franchisee, Vatsavai Subbaraju Kamala Education Society, Rep. by its Chairman, Vatsavai Srinivas Raju, S/o Subba Raju, Age 55 yrs, R/o D.No.27-3-85, Sriramapuram, Bhimavaram, West Godavari District.
Petitioner AiND
1. The Union of India, Rep. by its Secretary Ministry of Education, H.R.
Department, New Delhi.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Guntur District.
3. The Central Board of Secondary^ Education, Rep. by its Secretary, Preet Vihar, New Delhi.
4. The Delhi Public School, Society, Rep. by its chairman, F Block, East of Kailash, New Delhi.
Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'^^ respondent in not taking administrative action against the 4*'' respondent for its unauthorized illegal, discontinuation of Franchisee to the petitioner Educational Society without issuing any prior notice and valid reason as illegal, arbitrary and consequentially direct the respondents 3 and 4 to continue its franchise in favour of the petitioner^ school lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 and 4 to continue 4**^ respondent’s franchise to the petitioner’s school. Pending disposal of WP No.
17893 of 2025, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri K Jyothi Prasad, Advocate for the Petitioner, and of Sri Pelleti Rajesh Kumar, Central Government Counsel for the Respondent No.1, and of GP for school Education fort Respondent No.2, and of Smt T.Radha Rani, Standing Counsel for Respondent No.3, the Court made the following.
ORDER Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
In view of the facts and circumstances of the case, there shall be an interim direction to the respondents not to take any coercive steps against the petitioner - School.
Post the matter after four (4) weeks.
SOI- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER X To, 1. The Secretary, Union of India, Ministry of Education, H.R. Department, New Delhi.
2. The Principal Secretary, State of Andhra Pradesh, School Education Department, Secretariat, Velagapudi, Guntur District.
3. The Secretary, Central Board of Secondary, Education, Vihar, New Delhi.
4. The Chairman, Delhi Public School Society, F Block, East of Kailash, New Delhi. (1 to 4 by RPAD)
5. One CC to Sri K Jyothi Prasad, Advocate [OPUC]
6. One CC to Smt T. Radha Rani, Standing Counsel [OPUC]
7. One CC to Sri Pelleti Rajesh Kumar, Central Government Counsel [OPUC]
