SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

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



Advocates:
For the Appellants/Petitioners: Kavitha Gottipati
For the Respondents: GP For School Education

Policy decisions by the State regarding the restructuring and downgrading of schools aimed at optimal resource utilization and educational quality are not subject to judicial interference under Article 226 if implemented in accordance with government norms and student welfare provisions like transport and mapping.

Headnote:(A) Constitution of India - Article 226 - Education - Restructuring and downgrading of schools - Petitioners challenged the action of authorities in downgrading MPUP Schools to Model/Basic Primary Schools, alleging non-verification of enrolment numbers and absence of nearby high schools - State contended that restructuring was for optimal resource utilization and that affected students were mapped to nearby schools provided with transport allowance.

(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.

Table of Content
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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top