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2025 Supreme(Online)(AP) 18277

HIGH COURT OF ANDHRA PRADESH
SRK, J
Karapati Harika Bhavani – Appellant
Versus
The State of Andhra Pradesh – Respondent
W.P.No.13999 of 2025



Advocates:
For the Appellants/Petitioners: Nerella S.V.Ravi Teja
For the Respondents:Assistant Government Pleader for respondents/Education

Administrative restructuring of schools for resource optimization and quality improvement, supported by School Management Committee resolutions regarding infrastructure constraints, does not warrant judicial interference under Article 226.

Headnote:The petition challenges the shifting of Primary School (Classes I to V) from one institution to another during a school restriction process, alleging that the action is illegal, arbitrary, and contrary to norms prescribed in Memo No.ESE02-13021/4/2024-E-VII and G.O.Ms.No.19. The court noted that the School Management Committee had passed a resolution to shift the primary classes due to severe space constraints in the playground, measuring only 250 square yards, and the anticipated increase in enrollment following the introduction of Class IX. The primary issue is whether the administrative action of restricting and shifting schools is contrary to prescribed norms and arbitrary. The court reasoned that the restructuring exercise is driven by a larger vision to ensure specific teaching at appropriate school levels and the optimum utilization of resources to improve the quality of education and access for students. Having regard to the above facts and circumstances, no interference is called for by this Court in exercise of its jurisdiction under Article 226.

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 shifting the Primary School (Classes I to V) from MPUP School, Kandrikagudem to MPP School, Tangellamudi in the process of restricting of Schools, 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 Primary School (Classes I to V) in MPUP School, Kandrikagudem, Eluru Mandal and Eluru District along with High School and pass such other order or orders…”

Contents of the affidavit filed by 1st petitioner in support of the Writ Petition, in brief, are that, Tangellamudi is adjacent to Kandrikagudem and both are in 28th Division of Eluru Municipality, Eluru Mandal; that in Kandrikagudem, MPUP School with classes from I to VIII is existing and insofar as Tangellamudi is concerned, MPP School with Classes from I to V is existing and it is situated 1 km away from Kandrikagudem and Tangellamudi; that the students strength in MPUP School, Kandrikagudem is 242 i.e. for the classes I to V is 99 and for the classes VI to VIII is 143 and the students strength in MPP School, Tangellamudi is 6 for the classes I to V.

of Eluru in view of making as MPS and VI to VIII converted as VI to X at MPUPS, Kandrikagudem of Eluru Mandal.

(b) The School Management Committee, Chairman and Members passed a resolution that the limited space available in the school playground, which measures only 250 square yards and with the current strength of 242 students and anticipating increase in enrolment of students on introduction of IX Class in the upcoming Academic Year, it would become difficult to manage all classes within the constrained space; that the Committee proposed for shifting the Primary Classes (III, IV and V) to MPPS, Tangellamudi, where these classes were previously accommodated and the distance between these two schools is less than 800 meters. The Members of the School Management Committee unanimously agreed and gave written consent to recognize MPPS, Tangellamudi as a school for Classes I to V for the Academic Year 2025-2026. Hence, it is prayed to dismiss the Writ Petition.

Heard the learned counsel for the Petitioners, Sri Nerella S.V.Ravi Teja, learned Assistant Government Pleader for respondents/Education. Perused the entire material available on record.

Schools to increase enrolment, to reduce dropout rates, to improve the quality of education and to prepare students to become global citizens with bright future.

Learned counsel for the petitioners would contend that it is mandatory on the part of the authorities not to disturb any Primary School while restricting of schools and if there is sufficient infrastructure, the Primary/Upper Primary and High School shall be continued in the same campus. Due to upgrading and continuing the High School with classes from VI to X in Kandrikagudem School and shifting the classes I to V from MPUP School, Kandrikagudem to MPP School, Tangellamudi, which is situated on river bund, the students, who are aged about 10 years, have to travel more than 1 km.

As per the norms fixed in order to downgrade the Upper Primary Schools to Primary Schools, the enrolment in VI, VII and VIII classes shall be less than or equal to 30 and in order to upgrade the Upper Primary Schools as High Schools, the enrolment in the aforesaid classes shall be greater than or equal to 60. Indisputably, the strength of MPP School, Tangellamudi for the classes I to V is 6. However, a Resolution was passed by the School Management Committee of MPUP School, Kandrikagudem along with parents of the students and others stating that the sports complex of MPUP School, Kandrikagudem is having 250 square yards

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