APHC010696402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 113/2026 Between:

1. A NUMAKONDA POORVIKA, D/O LATE ANUMAKONDA NAGA DEEPTHI, AGED 12 YEARS, OCC STUDENT, REP. BY HER MATERNAL AUNT, VALA DIVYA W/O THOTA GOPINATH, AGED 33 YEARS, R/O FLAT NO 401, ASHIRWAD DUPLEX APARTMENT 2, PLOT NO 82, D- BLOCK, SIMHAPURI COLONY, BOWRAMPET, DUNDIGAL, BACHPALLE, MEDCHAL MALLKAJGIRI, STATE OF TELANGANA

2. V ALA VIJAYA DURGA, W/O LATE SEETARAMACHANDRA RAO, AGED 62 YEARS, OCC HOUSEWIFE, R/O HNO 5-77, SER CENTER, PRASADAMPADU, VIJAYAWADA, KRISHNA DISTRICT.

...PETITIONER(S)

AND

1. C ENTRAL BOARD OF SECONDARY EDUATION, REP. BY ITS SECRETARY, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI -110092

2. T HE REGIONAL MANAGER CENTRAL BOARD OF SECONDARY EDUCATION, CBSE REGIONAL OFFICE, 2ND AND 3RD FLOORS, STALIN CENTRAL MALL, MG ROAD, VIJAYAWADA, NTR DISTRICT AP 520002

3. D ELHI PUBLIC SCHOOL, REP. BY ITS PRINCIPAL, CBSE AFF.NO 130233, NH-5, NIDAMANURU, VIJAYAWADA, NTR DISTRICT AP 521104 ...RESPONDENT(S):

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 topleased to issue a writ, .order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the letter of the 3rd respondent dated 03.12.2025 for updating the Guardian name from Vala Vijaya Durga to Vala Divya i.e. from 2nd petitioner to the deponent herein and insisting to get an order from Court, as illegal, irregular, irrational and violative of Articles 14 and 21 of Constitution of India and set aside the same and consequently direct the 3rd respondent to update the Guardian name of the petitioner as Vala Divya as per the representation dated 01.12.2025 in the 3rd respondent school records, as per Byelaws of the 1st respondent and to pass Counsel for the Petitioner(S):

1. RAJA SEKHAR P Counsel for the Respondent(S):

1. T D PANI KUMAR

2.

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.113 of 2026

O R DE R:

This Writ Petition is filed questioning the letter of Respondent No.3 dated 03.12.2025 in insisting for Court order to change the guardian name and relationship of the student in the school records as illegal and arbitrary.

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2. The parents of the 1 Petitioner taken consent divorce in FCOP.No.353 of 2016 before the Family Court cum IV Additional District and Sessions Judge’s Court, Vijayawada and the custody of st the 1 Petitioner was granted to her mother. The father of the st Petitioner is said to be not taking care of the 1 Petitioner. The st mother of the 1 Petitioner died on 16.01.2025 and Petitioner No.2 being the grand-mother was shown in the school records as nd guardian. However, the deponent, who is the daughter of 2 st Petitioner and the maternal aunt of the 1 Petitioner (sister of st rd mother of the 1 Petitioner), gave a representation to the 3 Respondent seeking to include her name as guardian since Petitioner No.2 is unable to look after the academic needs and attend the School for periodical parent-teachers meetings and other st educational purposes until the 1 Petitioner becomes major. However, Respondent No.3 issued the impugned letter dated 03.12.2025 directing to get a Court order to change the name of the Guardian in the school records.

3. Learned counsel for the Respondent Nos.1 and 2 would submit that CBSE has no role in the relief sought by the Petitioners.

There is no representation for Respondent No.3.

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4. Taking into consideration, the interest of the minor-1 Petitioner as top priority, the writ petition is disposed of with the following directions:

(i) Respondent No.3 shall take the opinion of Petitioner No.1 regarding mentioning the name of “Vala Divya” as guardian in the school records in the presence of a responsible Educational O