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2025 Supreme(Online)(AP) 18121
HIGH COURT OF ANDHRA PRADESH
K Sreenivasa Reddy, J
Duggireddy Srinivasulu – Appellant
Versus
State Of Andhra Pradesh – Respondent
WRIT PETITION NO: 13991/2025
Important Points
Subject
Education Law - School Restructuring and Policy
Act Referred
Headnote
(B) Judicial Review - Scope - Court held that administrative decisions regarding school restructuring aimed at improving quality of education and resource optimization, supported by mapping and transport facility provisions, do not warrant judicial interference unless arbitrary or contrary to established policy. (Paras 8, 11)
Facts of the case:
The petitioners, residents of C.S. Puram Mandalam, challenged the downgrading of local MPUP Schools to Model/Basic Primary Schools. They argued that enrolment numbers for classes VI to VIII exceeded the threshold (30) prescribed for downgrading and that no high schools were available within a 3 km radius, violating government norms (Memo dated 09.01.2025 and G.O. Ms No. 19).
Findings of Court:
The court found that the government’s policy was based on a larger vision of optimum resource utilization. It noted that the authorities had mapped students to nearby high schools within reasonable distances and provided for transport allowances in accordance with the prescribed norms.
Issues: Whether the downgrading of the subject schools was illegal, arbitrary, and contrary to the norms prescribed by the government.
Ratio Decidendi: Administrative decisions taken for the purpose of optimum utilization of infrastructure, human resources, and improving the quality of education are within the domain of the State’s policy decision-making and are not subject to judicial interference under Article 226 if they are implemented according to established norms.
Result: Writ Petition dismissed.
For the Appellants/Petitioners: Kavitha Gottipati
For the Respondents: GP For School Education
| Table of Content |
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| 1. overview of writ petition regarding school downgrading challenges. (Para 1 , 2) |
O R D E R
This Writ Petition is filed seeking the following relief:
“…to issue a Writ, order direction more particularly one in the
nature of a Writ of Mandamus declaring the action of respondents in
downgrading the MPUP Schools – Uppalapadu and
Chennapanayunipalli, C.S.Puram Mandal, Prakasam District as Model/
Basic Primary Schools though the enrolment of VI, VII and VIII classes in
the schools are more than 30 and also in downgrading the MPUP School,
Guntha Chennampalli, C.S.Puram Mandal, Prakasam District as Model/
Basic Primary School and showing all these schools in downgrading list
without verifying the natural barriers/artificial barriers and no High School
is available within the radius of 3 kms as illegal, arbitrary, unjust and
contrary to norms prescribed in Memo No.ESE02-13021/4/2024-E-VII
dated 09.01.2025 of 2nd respondent and also contrary to G.O.Ms.No.19
School Education (PROG.I) Department, dated 13.05.2025 and
consequently direct the respondents to continue the MPUP Schools,
Uppalapadu, Chennapanayunipalli and Guntha Chennampalli,
C.S.Puram Mandal, Prakasam District without downgrading the said
schools into Model/Basic Primary Schools and pass such other order or
orders…”
2. Contents of the affidavit filed by 1st petitioner in support
of the Writ Petition, in brief, are that, the petitioners are resident of
Uppalapadu, Chennapanayunipalli and Guntha Chennampalli
village and C.S.Puram, wherein, MPUP Schools are existing; that
total enrolment of students in Uppalapadu MPUP School is 121
(Classes I to V – 66 and Classes VI to VIII - 55),
Chennapanayunipalli MPUP School is 87 (Classes I to V – 42 and
Classes VI to VIII - 45) and Guntha Chennampalli MPUP School is
57 (Classes I to V – 35 and Classes VI to VII - 22).
SRK, J
W.P.No.13991 of 2025
2025:APHC:696127
4
(b) The State Government, with a concept of long term
planning and recognizing the difficulties in implementing
G.O.Ms.No.117, dated 10.06.2022, decided to bring III, IV and V
classes back from High Schools to Primary Schools, and
accordingly, total schools were divided into 3 categories i.e.
Foundation Schools, Upper Primary Schools and High Schools and
Cluster Level Committee as well as Mandal Level Committee were
constituted to convene a meeting with all the Head Masters in the
Cluster to discuss the implementation of guidelines; that as per the
norms prescribed in the Memo, dated 09.01.2025 in Upper Primary
Schools i.e. VI, VII and VIII Classes enrolment, is less than or equal
to 30, shall be downgraded to Model/Basic Primary School and VI,
VII and VIII class students will be shifted to nearby High Schools;
that similarly, if VI, VII and VIII classes enrolment is greater than or
equal to 60, the said schools shall be upgraded as High School,
and apart from that, there is an exception that if there are any
natural barriers/artificial barriers, and if any High School is not
available within the radius of 3 kms, the Upper Primary School may
function or transport allowance may be provided to the students.
(c) That if the aforementioned schools are downgraded to
Model/Basic Primary Schools, the students, who are studying V, VII
SRK, J
W.P.No.13991 of 2025
2025:APHC:696127
5
and VIII classes will be shifted to nearby High Schools; that to shift
the said schools, 2nd respondent prescribed certain norms in the
Memo, dated 09.01.2025, but contrary to the said norms,
respondent Nos.4 to 7 are restricting the aforementioned schools
and downgraded the same into Model/Basic Primary Schools on
the ground of various discrepancies; that the School Management
Committees have also passed a resolution and the same was
informed to the authorities not to downgrade the schools into
Model/Basic Primary Schools as the enrolment of students is also
more than the strength prescribed in the Memo, dated 09.01.2025;
that ignoring all these facts, respondent Nos.6 and 7 prepared
upgraded and downgraded lists and forwarded the same to 4th
respondent throug
